Monthly Archives: FEBRUARY 2018
RELIEF FOR AMARINDER | CHIDAMBARAM IN COURT
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HC stays single bench’s judgment that quashed Suresh Kumar’s appointment, says “matter needs deeper deliberation”
CHANDIGARH, February 14: In a legal twist that is likely to be seen as a boost for Punjab Chief Minister Amarinder Singh as well as a vindication for his hand-picked senior bureaucrat Suresh Kumar, a Division Bench of the Punjab and Haryana High Court on Wednesday stayed an order of the Single Bench that had quashed Kumar's appointment as Chief Principal Secretary to CM.
With former Union Finance Minister P Chidambaram appearing on behalf of the state, the high-profile case has now become a matter of prestige for CM Amarinder Singh who has more than once let it be known publicly that he will ensure Suresh Kumar's return to the key post.
The Bench of Justice Mahesh Grover and Justice Rajbir Sehrawat, which stayed the earlier judgement, observed that the single bench could not have exercised the jurisdiction in a writ of quo warranto. It issued notice of motion to the petitioner before the Single Bench, Suresh Kumar and other respondents for April 17. ------------- With former Union Finance Minister P Chidambaram appearing on behalf of the state, the high-profile case has now become a matter of prestige for CM Amarinder Singh who has more than once let it be known publicly that he will ensure Suresh Kumar's return to the key post. ---------- Wednesday’s judgement immediately triggered a new round of speculation about whether Suresh Kumar, who was pulled out of retirement to take up the assignment as Chief Principal Secretary, would rejoin. Kumar had earlier lost no time in packing his bags and heading home when a challenge was mounted to his appointment.
While Suresh Kumar had refused to defend his appointment, saying the onus was upon the state to do so, the State pleaded that the earlier judgement did not take into account the facts of the case and was in contravention of the well-settled principles of law.
The State's appeal, filed through the Chief Secretary and the Department of General Administration, argued that the Single Bench Bench did not explain how it deduced that the Cabinet Secretary’s powers and rank were being exercised by a contractual employee. Also, the State made a plea that Suresh Kumar was not empowered to exercise sovereign powers during the absence of the Chief Minister and such a claim could not be justified. ---------- Observing that courts cannot intervene in government decisions in such a manner, the Double Bench said, "There are serious pitfalls when courts start intervening in such a manner.” ---------- Observing that courts cannot intervene in government decisions in such a manner, the Double Bench said, "There are serious pitfalls when courts start intervening in such a manner.”
 On its part, the State has been consistently claiming that Suresh Kumar's role was limited to recording the order and not passing the order on any file. Any orders were always passed by the CM as per the arrangement and the Single Bench's inference that the bureaucrat had the power to pass an order in the absence of the CM was factually incorrect.
"Hence, the findings recorded by the Court that the standing order and the appointment order made the respondent virtually the Chief Minister was contrary to the factual matrix.”
"In the present case, the terms and conditions of the appointment are very clear that the same are contractual in nature and co-terminus with the appointment of the present Chief Minister. Hence, the "impression” recorded by the court that the appointment of the respondent is against an ex-cadre post of an IAS cadre is not at all correct and is not supported by any document in that regard.”
The bench observed that it is exercising its power of correctional jurisdiction. The division bench further observed that the petitioner doesn’t seem to have any link with governance and if it was a cause of public interest, the matter should have been listed before an appropriate bench. ---------- There has been much speculation in Punjab about those working overtime behind the scenes to muddy the waters for CM Amarinder Singh in this case. Media in Punjab has been rife about internal squabbles within the CMO that had upset Suresh Kumar more than the court case. ---------- "We have heard learned counsel for the parties and are prima facie of the opinion that at best even if the locus of the petitioner to file a writ of quo warranto is accepted, the same would necessarily espouse a public interest as the petitioner's interest does not conflict with that of state or the incumbent assigned the status of the Chief Principal Secretary.
"Since the learned single judge who dealt with the matter was not bestowed with the subject roster, the judgement in these circumstances could possibly be construed as coram non judice. Even otherwise the matter needs deeper deliberation," the judgement said.
CHIDAMBARAM IN COURT
The appearance of senior Congress leader P Chidambaram as a lawyer for the State is not only being seen as a move to strengthen the state’s legal case but also to send a clear signal to the rank and file that the Chief Minister was fully invested in defending Suresh Kumar’s position and appointment.
There has been much speculation in Punjab about those working overtime behind the scenes to muddy the waters for CM Amarinder Singh in this case. Media in Punjab has been rife about internal squabbles within the CMO that had upset Suresh Kumar more than the court case.
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New development in Suresh Kumar episode
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CM asks health minister to discuss with centre shifting of proposed Mohali medical college
CHANDIGARH: Punjab Chief Minister Captain Amarinder Singh has directed the state health minister to explore with the central government the possibility of shifting the proposed medical college in Mohali to border areas, possibly Sangrur, and to plan all future heath projects in areas that lack medical facilities.
The Chief Minister said he will himself also meet Union Health Minister JP Nadda to discuss the change of the medical college site, besides writing to the Prime Minister to expedite the AIIMS Bathinda project, for which the state government has completed all the necessary formalities.
The Rs 800 crore AIIMS Bathinda project is 100% centrally sponsored while the Rs 300 crore Medical College project is on a Centre-State sharing pattern in 70:30 ratio.
The directives from the Chief Minister came here during a meeting on Tuesday to review the status of the two projects, aimed at raising the health infrastructure bar in the state.
The Chief Minister was informed that Mohali was selected for the Medical College under a scheme floated back in 2012, for which a pre-condition required that the city should have a 200-bedded hospital which the Centre could help upgrade. At that time, Mohali had one civil hospital, with 200 beds, and no private hospital or medical college, and thus met the terms and conditions of the scheme. Since then, however, other, more needy areas had also emerged to meet the conditions and could be selected for uplift of the medical facilities, the meeting discussed.
 Noting that concentrating all facilities in Mohali would lead to lopsided development, since neighbouring Chandigarh already has medical colleges, Amarinder suggested setting up the medical college in the under-developed border areas. Finance Minister Manpreet Badal agreed that Sangrur would be an ideal place for the proposed college.
The Chief Minister asked Health Minister Brahm Mohindra to take up the matter with Union Minister JP Nadda and check if Sangrur could be selected for the medical college, and to proceed accordingly, based on the decision of the Government of India.
On the issue of AIIMS Bathinda, Amarinder was told that the state government had already resolved all pending issues, including shifting of water channel and exchange of land, for the hospital-cum-medical college, for which the foundation stone was laid by the Prime Minister in 2016. Punjab had provided land and had to create the necessary road infrastructure, with the rest to be handled by the central government.
The ball was, therefore, now in the court of the Government of India (GoI), which had started construction of the boundary wall and floated global tenders for architects, which were expected to be finalized soon, the Chief Minister was further informed.
Captain said he would seek the Prime Minister’s intervention with a request to direct the Union Health Ministry to speed up work on the project so that the people of Punjab get its benefit at the earliest.
During the meeting, the Chief Minister also directed the Health Department to vigorously pursue the setting of 100% central project of PGI satellite centres at Ferozepur and Sangrur. He was informed that while the Centre was keen to set the ball rolling, the PGI had certain reservations. Captain Amarinder asked the department to resolve the issues with PGI at the earliest.
The meeting was attended by Health and Family Welfare Minister Brahm Mohindra, Finance Minister Manpreet Singh Badal, Media Advisor to CM Raveen Thukral, Chief Secretary Karan Avtar Singh, Principal Secretary to Chief Minister Tejveer Singh, Additional Chief Secretary Higher Education S K Sandhu, Additional Chief Secretary Housing & Urban Development Vini Mahajan, Principal Secretary Finance Anirudh Tiwari, Principal Secretary Medical Education and Research Sanjay Kumar and Deputy Commissioner Bathinda Diprava Lakra.
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GURU NANAK DEV JI'S 550TH PARKASH PURAB
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CM calls for joint effort, opposition stays away from meet
CHANDIGARH: Punjab Chief Minister Captain Amarinder Singh has directed the Tourism and Culture Department to take on the arrangements for the 550th birth anniversary celebrations of Sri Guru Nanak Dev ji on a war footing to make it a mega success, carrying all political parties along, even though opposition leaders and the SGPC president failed to turn up for the first meeting of the organizing committee on Monday.
The department had sent a special invite to SAD president Sukhbir Singh Badal, Member Rajya Sabha Sukhdev Singh Dhindsa, Naresh Gujral, President SGPC Gobind Singh Longowal, President Punjab State BJP Unit Vijay Sampla and AAP MP Bhagwant Mann to participate in the first review meeting of the organizing committee. However, they did not attend the meeting, which had been convened to chalk out the detailed programme of the celebrations of the 550th 'Parkash Purab' of the 1st Sikh Guru.
Tourism and Culture Minister Navjot Singh Sidhu said it was unfortunate that the opposition chose to politicize such an important religious occasion by boycotting the meeting. Guru Nanak Dev ji’s 550th birth anniversary is an occasion that requires all political parties to rise above their narrow political considerations, he added.
MLA Dera Baba Nanak Sukhjinder Singh Randhawa said that by abstaining from the meeting, the opposition leaders had sought to undermine the ideology of Guru Nanak Dev Ji, who propagated the message of love and communal harmony to the humanity.
The Chief Minister, however, urged the department to continue to work with all political parties to ensure that the event is a huge success, as befitting its importance for Punjab and its people. Appealing to all opposition members to join hands with the government for this momentous and historic event, he asked Navjot Singh Sidhu to connect with the opposition leaders on this. Sidhu assured Amarinder that he would personally approach all the opposition leaders and SGPC on the Chief Minister's behalf to persuade with them to participate in this pious occasion collectively, cutting across party lines.
_2.JPG) The meeting also authorised the tourism minister to set up a sub-committee to look into different aspects of the celebrations and submit their report at the earliest. With just about 18 months to go for the event, the work needs to be taken up on a war footing, said the Chief Minister, who presided over the review meeting. No stone should be left unturned to ensure the success of this pious event, which we were fortunate to be celebrating in our life time,he said.
The meeting was attended by various eminent scholars, philosophers and dignitaries across various fields of excellence. Eminent Sikh Scholar Dr Kirpal Singh, noted political sociologist Dipankar Gupta, Chairman Punjab Art Council and noted Punjabi poet Surjit Pattar, well-known environmentalist Balbir Singh Seechewal and Vice Chancellor of Punjabi University Patiala, Dr B S Ghuman, came up with various suggestions to build the momentum for the mega event.
The Chief Minister asked them to submit their proposals and suggestions to the Tourism and Cultural Affairs Department to enable the state government to finalize the modalities for the event. Chief Secretary Karan Avtar Singh said that would enable the State Government to forward a composite proposal to the Government of India to seek requisite funds.
Prominent among those who attended the meeting included Cabinet Ministers Charanjit Singh Channi, Sadhu Singh Dharamsot, Razia Sultana, Media Advisor to CM Raveen Thukral, Principal Secretary to CM Tejveer Singh, MLA Sultanpur Lodhi Navtej Singh Cheema, Maharaja of Kapurthala Brig. (Retd.) Sukhjit Singh, Chairman Anad Foundation Bhai Baldeep Singh, Director National Institute of Punjab Studies Bhai Veer Singh Sahitya Sadan New Delhi Mohinder Singh, Additional Chief Secretary Housing and Urban Development Vini Mahajan, Principal Secretary Tourism and Cultural Affairs Vikas Pratap, Commissioner Jalandhar Division Raj Kamal Choudhury, and Chairman Punjab Pollution Control Board K S Pannu.
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WILL PAVE WAY FOR BETTER RELATIONS WITH CANADA
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CM welcomes Sajjan's against Khalistani movement
CHANDIGARH: Punjab CM Captain Amarinder Singh has welcomed the categorical denial by Canadian Defence Minister Harjit Sajjan of taking a pro-Khalistani stance, and congratulated Canadian Prime Minister Justin Trudeau for creating the necessary environment against secessionist forces believed to be operating from his country.
Sajjan’s statement, carried by the Canadian Press on Wednesday, that he and fellow Sikh minister Amarjit Sohi, "neither sympathise with nor espouse the Sikh nationalist movement, which is bent on creating a separate country called Khalistan in India’s Punjab region” indicated that the Canadian Prime Minister had clearly sent out a strong signal within his party and government that he would not allow his country’s soil to be used for any anti India activities, said the Chief Minister.
The latest statements by Sajjan and Sohi, who has also made it clear that he does not sympathise with the (Khalistani) cause, have paved the way for better relations with Canada, which shares strong roots with India in view of the large Sikh population settled there, Captain Amarinder said, in a statement issued here on Thursday.
Reiterating that he had always found Trudeau to be a fine human being, the Chief Minister said he looked forward to meeting the Canadian Prime Minister during the latter’s visit to India, including Punjab, later this month. The visit, said Amarinder, would give Canada and Punjab the opportunity to strengthen business and trade ties for mutual benefit.
Divisive forces propagating terrorism should not be encouraged at any cost by any nation, Captain stressed, adding that such activities pose a serious threat to global peace and, therefore, should not be allowed to flourish in any part of the world. Nurturing or supporting separatist forces always proves detrimental, in the long run, not only to countries against which they are unleashed but also to those which allow such elements to operate from their soil, he added.
Amarinder pointed out that Canada had always been a friend of India, especially Punjab, whose people had contributed significantly to the Western nation’s progress and development.
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