Nagaland Post www.nagalandpost.com
Vol XXVII No. 117
Subsidised LPG price hiked, ATF price cut NEW DELHI, APR 2 (AGENCIES): Aviation turbine fuel (ATF) price has been cut by over 5 per cent, reversing a twomonth rising trend, while rates of subsidised LPG were hiked by Rs 5.57 per cylinder. Also, the rate of non-subsidised cooking gas (LPG) has been cut by Rs 14.50 per cylinder in line with international trends. Price of jet fuel or ATF was cut by Rs 2,811.38 per kilolitre, or 5.1 per cent, to Rs 51,428 per kl with effect from April 1, oil companies said. Simultaneously, price of non-subsidised LPG, bought by those who have either given up their subsidies or exhausted the quota of 12 bottles of 14.2-kg in a year at below market price, was cut to Rs 723 per 14.2-kg cylinder from Rs 737.50. Oil firms, however, raised price of subsidised cooking gas by Rs 5.57 to Rs 440.5 per 14.2-kg cylinder. This hike came as the state-owned oil firms on previous two occasions -- February 1 and March 1 -- did not effect any significant raise in prices in view of assembly elections in states like Uttar Pradesh.
DC Longleng issue resolved, says PPC D I M A P U R , A pr 2 (NPN): Phom People’s Council (PPC) has asked JCC to respect the decision of Phom people as the issue on suspension of DC Longleng has been amicably resolved in the presence of Phom leader and Yachem village on February 6, 2017. In this regard, PPC president Chingan Phom advised JCC “not to have any confusion or doubt relating to this matter in order to have better coordination in the days to come”. Further, the Phom People’s Council urged the state government to conduct an impartial judicial inquiry at the earliest.
Landslide along NH-202: PWD (NH)
DIMAPUR, APR 2 (NPN): Executive engineer PWD (National Highways) Tuensang has advised the commuters to avoid the road between Chendang Saddle and Yakore on NH-155 (202New) as it has been blocked due to rockfall/ landslide at location138.800. The executive engineer informed that it would take some days to restore the road.
This is it!
“SM Krishna had no issue for 49 years in the Congress. Now after joining BJP it has become a dynastic party.” K Y M C
DIMAPUR, monday, april 3, 2017 Pages 12 ` 4.00
RBI Governor Urjit Patel gets big pay hike
Sindhu wins maiden India Open title
Colombia landslide death toll rises to 234: Red Cross
business, Page 8
sports, Page 12
international, Page 9
State unmoved by PILs on illegal appts SC rules all govt appointments to be advertised
Staff Reporter
DIMAPUR, APR 2 (NPN): Despite Public Interest Litigations (PILs) being filed against backdoor appointments by ACAUT and Chakhesang Students’ Union, a senior lawyer who spoke to this newspaper, pointed out that the state government had failed to take remedial measures to keep check on such illegal appointments. The lawyer cited a Supreme Court ruling which was also widely published earlier, that “any appointment to a government job made without the post being advertised in the media violates Articles 14 and 16 of the Constitution.” There is no room for back-door entry in public employment and temporary employees have no vested right to be regularised contrary to the scheme of merit and constitutional provisions, the Supreme Court stated. A Bench consisting of
Justices G.P. Mathur and Dalveer Bhandari held that the High Courts could not issue directions to regularise the services of temporary or ad hoc employees in the absence of any existing vacancies. Cautioning the High Courts, the Bench said: “It would be improper for the courts to give directions for regularisation of services of the person who is working either as daily-wager, ad hoc employee, probationer, temporary or contractual employee, not appointed following the procedure laid down under Articles 14 (equality before law), 16 (equality of opportunity in matters of public employment) and 309 (recruitment and conditions of service of persons serving the Union or a State) of the Constitution. In our constitutional scheme, there is no room for back door entry in the matter of public employment.’’ The Bench said: “The Union, the States, their departments and instrumentalities have resorted to irregular appointments, especially in the lower rungs of the service, without reference to the duty to ensure a proper
appointment procedure and to permit these irregular appointees or those appointed on contract or on daily wages, to continue year after year, thus, keeping out those who are qualified to apply for the post concerned and depriving them of an opportunity to compete for the post.’’ Writing the judgment for the Bench, Justice Bhandari said: “It is clear that adherence to the rule of equality in public employment is a basic feature of our Constitution and since the rule of law is the core of our Constitution, a court would certainly be disabled from passing an order upholding a violation of Article 14 or in ordering the overlooking of the need to comply with the requirements of Article 14 read with Article 16 of the Constitution. A regular appointment to a post under the State or Union cannot be made without issuing advertisement and inviting applications from eligible candidates.’’ It said that for any public appointment, a notice must be published in the appropriate manner calling for applications, and all the applicants must be considered fairly.
“Even if the names of the candidates are requisitioned from the employment exchange”, the employer must “invite applications from all eligible candidates from the open market by advertising the vacancies in newspapers having wide circulation or by announcement in radio and television”, the court said. “If any appointment is made by merely inviting names from the employment exchange or putting a note on the notice board, etc, that will not meet the requirement of Articles 14 and 16 of the Constitution. Such a course… deprives the candidates who are eligible for the post from being considered.” In another ruling, the apex court upheld a Bihar government appeal against a High Court bench quashing the dismissal of an illegally appointed police constable. The constable had pleaded that he should be allowed to continue in the job because he had already served the police for 16 years. The bench of Justices T.S. Thakur and A.K. Goel rejected the argument.
NPCC demands sacking of T.R. Zeliang and Y. Patton
DIMAPUR, APR 2 (NPN): N agaland Pradesh Congress Committee (NPCC) has demanded the removal of advisor (finance) and former chief minister T.R. Zeliang for adding Rs.463.52 crore to the deficit during his tenure as chief minister during 2016-17 and home minister Y. Patton for backdoor appointment of more than 2000 in the police department from 2014 to 2017. NPCC media cell has held T.R. Zeliang responsible for creating a further deficit of Rs.463.52 core and shooting up the overall deficit to a whopping Rs.1657.87 crore in 201617. NPCC said though the total budget for 2016-17 was Rs.13,658.75 crore, it had little impact since T.R. Zeliang as chief minister in –charge of finance had added a huge deficit of Rs.463.52 crore during the last financial year 2016-17. NPCC also took strong exception to the continuance of T.R. Zeliang as finance advisor and presiding over the finance department and therefore demanded that the DAN-III government bring (Cont’d on p-8) out a white paper on how
Rs.463.52crore was added to create a huge deficit of Rs.1657.87 crore. NPCC demanded that T.R. Zeliang be removed from the post of Advisor Finance for “creating havoc with state finances.” Meanwhile, a senior Congress leader challenged the government to bring out the white paper and make it known to the people as to how such a huge deficit was accrued within a year. He also demanded that the government specifically point out which department(s) was sanctioned the ‘additionality grants’ for the year 2016-17. F u r t h e r, N P C C charged home minister Y. Patton for unauthorised appointment through backdoor of more than 2000 to the police department after he took over the department in 2014. It criticised Patton for “defending backdoor appointments” in the police department by “taking shelter under the 2010 P&AR memorandum” which excluded the police department (from open advertisements) and then shifting
blame on SPs and Commandants for appointments of constables. NPCC maintained that SPs and Commandants could not have made the unauthorised appointments without the “blessings of higher ups”. Further it said that the home minister knew that there were more than 1600 excess appointments in the police department when he took charge but instead appointed more than 2000 unauthorised personnel to the department under one pretext of the other. NPCC reiterated, that no amount of explanation or justification “will wash away the illegal actions of the home minister and for which, NPCC out rightly demands his removal from the cabinet.”
Response to CMO
NPCC has hit out at the media cell in the CMO, for its claim that chief minister Dr.Shürhozelie had made supreme sacrifice in 1999 by contesting for the Lok Sabha as an independent “ to salvage and regain the frozen party symbol (Cock). (Cont’d on p-8)
India to get over 9L tamperSH demands upgradation NTC asks CM to clarify on proof EVMs before 2019 Aug 3 Framework Agreement of Polytechnic institute
NEW DELHI/ HYDERABAD, APR 2 (IANS/PTI/ AGENCIES): The Election Commission will replace over nine lakh Electronic Voting Machines (EVMs) with advanced M3 machines before the 2019 Lok Sabha polls, the government has informed Parliament. These machines will become inoperable the moment someone attempts to tamper with them. The new EVMs are likely to be introduced by the end of 2018. The move comes in the wake of allegations of EVM-tampering by several political leaders in the February-March assembly polls. While the M3 EVMs are technologically advanced, there is no operational difference between these and other EVMs and they do not affect booth-management system, Minister of State for Law and Justice P.P. Chaud-
hary told the Lok Sabha in a written reply earlier this week. The minister said the Election Commission has decided to replace 9,30,430 EVMs purchased before 2006 in a phased manner before the General Election and simultaneous assembly polls in 2019. Listing the features of the new M3 EVMs, the Minister said it has a Public Key Interface (PKI)-based mutual authentication between various EVM units for identifying a genuine unit, of authorised manufacturer, in the field to ensure that only genuine EVMs can be used for communication within the network. “Its design ensures that the EVMs become inoperable the moment an attempt is made to physically open the EVMs,” the Minister said. (Full report on p-5)
DIMAPUR, APR 2 (NPN): Nagaland Tribes Council (NTC) has drawn attention on the statement made by Nagaland chief minister Dr. Shürhozelie Liezietsü at the recent Kohima Division NPF Convention wherein he had purportedly reiterated that “the NPF supports the August 3rd, 2015 ‘Framework Agreement’ between the Government of India (GoI) and NSCN (I-M).” N TC M e d i a C e l l pointed out that the chief minister is not only the leader of a prominent political party but also the leader of the state and therefore, has “immense responsibility and accountability to the people of Nagaland in particular”. NTC said since the chief minister of the state was “so confident in ex-
pressing such unconditional support to an exclusive agreement between Government of India and NSCN (I-M)” it was made to believe that the “state leadership” knows about the contents of the agreement and therefore, urged the state leadership “ to divulge the contents of the agreement for the people of Nagaland to know and understand”. NTC demanded that the state leadership first satisfy the stakeholders before lending support to such an important deal. Further, Nagaland Tribes Council reminded that the Framework Agreement, which was signed two years ago, is an exclusive accord between the Central government and NSCN (I-M) but where major stakeholders were
not taken on board. While lauding the state leadership for saying that “this does not mean that the party supports one political group,” the tribes council however questioned the state leadership as to what is the mechanism to include other NNPGs and stakeholders in the already signed agreement? NTC has therefore made its stand clear that any ag reement in the Framework would be “an imposition, since the major stakeholders were not taken into confidence prior to finalisation of the said agreement.” N a g a l a n d Tr i b e s Council said under the present “unpalatable situation” the state leadership owed an answer lest anything went wrong to the future of Nagaland.
DIMAPUR, APR 2 (NPN): Sumi Hoho (SH) on Sunday has renewed its demand on upgradation of Khelhoshe Polytechnic Atoizu to degree level civil engineering college, the oldest polytechnic institute in the state, established in 1972. In this regard, SH in an open memorandum urged upon chief minister Dr. Shürhozelie Liezietsu to implement the December 17, 2007 cabinet decision of to upgrade the institute to engineering college. According to Sumi Hoho president Toniho Yepthomi and general secretary Vihuto Asumi, even after a decade the cabinet had failed to implement its decision. The hoho also alleged that despite repeated appeals, the assurance of the officials had been only a lip
service and instead of upgrading the college, some departments have been shifted “elsewhere”. Therefore, the hoho viewed that once the college is upgraded it would benefit the entire state as the institute was located at the centre of Nagaland. The hoho also stated that location of the institute was congenial with enough area for operation and expansion in future. In this regard, the Sumi Hoho has appealed to the chief minister to take up necessary action at the earliest. In 2016, Nagaland BJP unit had also submitted a memorandum to Union Minister of Human Resource Development Prakash Javadekar urging him to upgrade Khelhoshe Polytechnic Atoizu, to Engineering college.
Govt proposes new RTI draft rules; seeks opinion Now, arms licence seekers head to NE NEW DELHI, APR 2 (AGENCIES): The government has proposed a new set of rules for processing Right to Information applications, complaints and appeals and has sought suggestions from the public by April 15. The proposed rules, aimed at replacing RTI rules of 2012, have been placed by the Department of Personnel and Training (DoPT) on its website for comments from public. “The time given is too less. There is no official press release in this regard as well. How will people know that something like is placed on website for them to give opinion,” RTI activist Commodore (Retd) Lokesh Batra told PTI. A major proposal now allows the Central Information Commission (CIC) to convert a complaint into second appeal which would mean it can order the disclosure of information to an ap-
plicant who has come under complaint clause of the RTI Act which was not the case earlier. “The Commission may in its discretion allow a prayer for any amendment of a complaint during the course of its hearing, including conversion of the complaint into second appeal, if available remedies have been exhausted, on a prayer made by the complainant,” the draft rules state. The Supreme Court had held in one of its orders that Section 18 of the RTI Act provides for complaint while Section 19 of the RTI Act provides mechanism of second appeal. It had said that the CIC while hearing a plea under complaint clause cannot order disclosure of the information which can only be provided if the person is approaching it under second appeal or section 19 of the Act.
Another provision says that the proceedings before the Commission will abate in case of death of the appellant. The new draft rules also allow the Commission to use its discretion for allowing withdrawal of appeal or a complaint if appellant requests but such requests cannot be entertained once the matter has been decided by it. Some RTI activists have objected to such suggestions by the government in the past saying information seekers may be coerced by people with vested interests and may even be killed as the information against them cannot be ordered to be disclosed in such cases. The rules also introduce provisions like providing a copy of complaint and appeal to the Central Public Information Officer (CPIO) before approaching the CIC. A proof in this regard
will also be submitted to the Commission along with the complaint or appeal. The applicants will have to declare that the matter submitted by them before the Commission has not been decided or pending before the Commission or any court. The applicants can now file complaints within 135 days of filing the RTI application only. Any delay in filing the complaint will have to be accompanied with the request for condonation of delay. If the RTI applicant does not know the name and address of the CPIO or the First Appellate authority in a government department, he will have to provide a copy of his complaint to the department before approaching the Commission. The new proposed process asks the Commission to get replies from the CPIO within a specified time before issuing notices to them.
SASARAM, APR 2 (AGENCIES): As obtaining arms licences in Bihar is a tough ask, people from the state are procuring the same from North Eastern (NE) states, especially Nagaland, with the help of their agents, sources said. “One can obtain arms licence from North Eastern states within one month of submission of application. It’s a hassle-free exercise in North Eastern parts of the country. People from Rohtas, Kaimur, Bhojpur and Buxar districts are making a beeline for these states, especially Nagaland, to obtain arms licences,” sources said. “Around 3,000 applications for arms licences are pending in these four districts. People here treat weapon as their status symbol. When they fail to get one from their native district, they use agents to
procure the licence from north-eastern states,” said a source, adding such people show themselves as temporary residents of the states where they submit the application. Rohtas arms magistrate Sanjay Kumar said several people have approached the department concerned in the recent past for entry of the details of arms which they managed to purchase on the basis of licence issued from Nagaland. “We verify the licences from the issuing districts and seek residential certificates. Police verification is also done before the request is accepted,” said Kumar. Buxar arms magistrate Anupma Singh too confirmed having received such requests. “We are getting applications from people who have got arms licences from Nagaland,” she said.
Many people, who have managed to procure arms licences from Nagaland through agents, said tedious processes in Bihar forced them to shift to north-eastern states. “I got the licence within one month of submitting the application. I showed myself as the temporary resident of Dimapur in Nagaland,” said one of the licence holders, adding Nagaland issues national permit for arms. In December 2014, the Delhi High Court sought responses from the Centre and the city government on a PIL alleging that criminals and anti-social elements across the country are possessing as well as using firearms issued on “fake” licences in North Eastern states. The Court asked Centre and Delhi government to “seek instructions” on the issues raised in PIL by an NGO. K Y M C