Aggrieved with denial of information, the appellant filed a First Appeal dated 20.08.2019, which was decided by the FAA vide order dated 06.09.2019, upholding the stance taken by the PIO and observing that the information could not be provided under the RTI Act since it did not fulfill the criteria of either human rights violation or of corruption as provided in the Section 24 of the RTI Act.

Dissatisfied with denial of information, the appellant filed the instant Second Appeal before the Commission.

Proceedings during hearing:

Due to nation-wide lockdown being observed, to prevent the spread of the pandemic of COVID-19, hearings are being conducted through audio conference. The Appellant participated in the hearing on being contacted on his telephone number: 99xxxxxx54 and reiterated the facts of his case and stated that he was working with CISF earlier and is currently with IB. Appellant stated during the course of hearing that he had posed similar queries before the MHA through a separate RTI application, which has been replied and he has received the requisite information. Having thus received the desired information, he does not wish to pursue the instant case.

PIO/BSF communicated rejection of the RTI application invoking Section 24 of the RTI Act, vide online reply dated 17.12.2019. Meanwhile, the appellant had filed a First Appeal dated 16.12.2019, which was not adjudicated.

Aggrieved by denial of information, the appellant filed the instant Second Appeal before the Commission.

Proceedings during hearing:

Due to nation-wide lockdown being observed, to prevent the spread of the pandemic of COVID-19, hearings are being conducted through audio conference.

The Appellant participated in the hearing on being contacted on his telephone number: 96xxxxxx14 and reiterated the facts of the case stating that he is aggrieved on being denied any information about the marks obtained by him.

1. I want to know its next process & medical test date.

2. When will be its medical test

3. I am eagerly waiting its medial test dates many times I tried to know its previous recruitment centre but they have no information, about it please inform me medical test date He summarised his queries as:

(1) What is the reason of being so late in the process of recruitment. (2) I want to know the status of recruitment whether it will be completed or not.

PIO/DIG, CISF denied disclosure of any information invoking Section 24 of the RTI Act, vide reply dated 08.04.2019.

Aggrieved with denial of information, the appellant filed a First Appeal dated 03.05.2019, which was decided by the FAA vide order dated 14.05.2019, reiterating the stance taken by the PIO.

The Appellant vide her RTI application sought information regarding the copy of the documents of the Department of Personnel and Training (DoP&T) associated with the files related to the appointment of various Attorney Generals of India since 01.01.2010.

Dissatisfied due to non-receipt of any response from the CPIO, the Appellant approached the FAA. The FAA, vide its order dated 09.10.2018 stated that the Appeal had been examined and it was found that the CPIO on 11.09.2018 had sought certain clarifications from the Appellant. Hence, the Appellant was advised to clarify the same to the CPIO to enable him to provide the available information.

Page 1 of 5 RTI - 2 File No. CIC/DOLAF/A/2018/163414-BJ [ Date of RTI application 12.08.2018 CPIO's response Not on Record Date of the First Appeal 11.09.2018 First Appellate Authority's response 09.10.2018 Date of diarised receipt of Appeal by the Commission 18.10.2018 FACTS:

Relevant facts emerging from appeal:

Case RTI PIO First First 2nd Nos. application replied on Appeal Appellate Appeal/complaint filed on filed on Order on received on 644389 11.05.2019 16.05.2019 23.05.2019 10.06.2019 01.07.2019 635814 21.09.2018 08.10.2018 15.10.2018 01.11.2018 21.11.2018 627430 08.07.2018 17.07.2018 28.05.2018 31.07.2018 01.08.2018 CIC/CISFO/A/2019/644389

The Appellant filed RTI application dated 11.05.2019 seeking information through five points pertaining to an incident that took place on 19.04.2014 at around 2330 hrs wherein a truck bearing registration no. WB37 8459 loaded with TMT iron rods was apprehended by the Local Police near CISF Unit NTPC Barh. Subsequently, an inquiry was ordered by the Central Vigilance Page 1 of 8 Commission vide its OM dated January 2015. Since the matter pertains to alleged corruption by CISF officers, the following information was sought:

1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Eastern Railway, DRMO Howrah Division seeking information on two points, including,

a) To provide a copy of S.DPO/HWH Letter No. E/Engg/OC/Policy/Pt.IV/2nd Phase dated 31.07.2015, 07.08.2015, and,

b) To provide a copy of seniority list of Track Maintainer III and IV from 2007 to 2015.

2. The CPIO, vide reply dated 27.04.2020, provided requisite information to the appellant. The appellant filed a first appeal dated 24.04.2018 on the ground of no information furnished by the CPIO. The first appeal was not disposed of by the FAA. Thereafter, the appellant filed a second appeal u/Section 19(3) of the RTI Act before the Commission on the ground of non-receipt of information and requested the Commission to direct the CPIO to provide the information sought for.

1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Eastern Railway, Sealdah Division, Kolkata seeking information on two points pertaining to his representation dated 31.05.2018, including,

a) Whether his aforesaid representation dated 31.05.2018 addressed to Sr. DOM/SDAH has been considered or disposed of, and

b) If disposed of, please serve a copy of the same at the earliest.

2. Having not received any response from the CPIO, the appellant filed a first appeal dated 25.07.2018. The first appeal was not disposed of by the FAA. Thereafter, the appellant filed a second appeal u/Section 19(3) of the RTI Act before the Commission on the ground that no information has been furnished by the respondent and requested the Commission to direct the CPIO to provide the information sought for and take appropriate legal action against the CPIO and the FAA.

1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Eastern Railway, DRMO, Howrah Division seeking information on two points, including,

a) To provide a copy of S.DPO/HWH Letter No. E/Engg/OC/Policy/Pt.IV/2nd Phase dated 31.07.2015, 07.08.2015, and

b) To provide a copy of seniority list of Track Maintainer III and IV from 2006 to 2015.

2. The CPIO did not provide requisite information within stipulated period to the appellant. The appellant filed a first appeal dated 24.04.2018 on the ground of no information furnished by the CPIO. The first appeal was also not disposed of by the FAA. Thereafter, the appellant filed a second appeal u/Section 19(3) of the RTI Act before the Commission on the ground of non- receipt of information and requested the Commission to direct the CPIO to provide the information sought for.

1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), East Central Railway, DRMO, Dhanbad seeking information on four points, including, inter-alia;

a) Whether rules or instructions issued by Director General, Railway Board in East Central Railway, Dhanbad are valid or not,

b) Whether or not the rules/instructions as per the RBI No. 61/2015, letter no. E(N-G)1-2015/R E-3/2 dated 12.06.2015, is valid in the matter of re-absorption of the medically unfit RPF/RPSF employees into an alternate position? Provide a certified copy of the said rule,

1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), East Central Railway, DRMO, Jharkhand seeking information on three points, including, "(a) What action has been taken on the appellant's application regarding making adjustments to the alternative post in Samastipur division (East Central Railway),

(b) What action was taken by the Screening Committee on the appellant's application, which was received by Electronic Grievance Redressal Arrangement (EGRS) vide no. 24652 on 05.12.2017, regarding the adjustment of the optional post, and

(c) To provide certified copies of all the documents along with the complete file in the name of the appellant, available with the Screening Commissioner, including the written application accepted by the appellant for the clerical post."

1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), East Central Railway, DRMO, Jharkhand seeking information on six points pertaining to technician post, including, inter-alia;

a) Is the proof of validation issued in the railway hospital by the screening committee on the optional post after medical distortion valid,

b) What is the medical category for the post of Technician Grade-III,

c) Does the post of technician grade-III fall in the category of sedentary job. And other related information.

2. The CPIO, vide reply dated 09.05.2018, provided point wise information to the appellant. Being dissatisfied by the information provided on point nos. 3 and 6, the appellant filed a first appeal dated 25.05.2018. FAA, vide order dated 15.06.2018, upheld the CPIO's reply. Thereafter, the appellant filed a second appeal u/Section 19(3) of the RTI Act before the Commission on similar grounds and requested the Commission to direct the CPIO to provide the information sought for.

1. The appellant filed an online application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Eastern Railway, Kolkata seeking information regarding General Conditions to Contract applicable to the works (contracts) under Eastern Railways for the year 2000, 2003 and 2010-2018.

2. The CPIO, vide letter dated 13.07.2018, offered inspection to the appellant. Being dissatisfied, the appellant filed a first appeal dated 30.07.2018 requesting to provide the information sought for. FAA, vide order dated 28.08.2018, upheld the reply of CPIO. Thereafter, the appellant filed a second appeal u/Section 19(3) of the RTI Act before the Commission on the ground of incomplete information furnished by the CPIO and requested the Commission to direct the CPIO to provide complete information sought for and take appropriate legal action against the respondent.

1. The appellant filed an online application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Eastern Railway, Kolkata seeking information on seven points regarding reduction of pension of the Pensioner Shri Ganesh Chandra Mishra with PPO No. 02101265992 including,

a) Reason for 75% reduction of Pension,

b) Whether any inquiry was held against the Pensioner due to which pension was reduced,

c) Copy of Notice issued to the pensioner informing him that he is subject to an inquiry,

d) Receipt of confirmation showing Notice received by the Pensioner,

e) Transcript of the inquiry and report of inquiry, if any, held against the pensioner,

James Maddison put his untamed lockdown hairstyle on display as he thanked Leicester fans on Instagram after winning the ePremier League invitational on Saturday. 

The Premier League will consider relegating the bottom three clubs based on current league position if there is no resumption to the 2019/20 season.

The petitioner has already made representation against the impugned order dated 13.12.2019 (Annexure P-1) to the Vice Chancellor, Shree Guru Gobind Singh Tricentenary University, Gurugram. The worthy Vice Chancellor is directed to decide the representation within a period of two weeks from today, strictly as per the University Statues & Ordinance as well as on the basis of compromise arrived at between the petitioner and the 1 of 2 ::: Downloaded on - 09-05-2020 20:40:51 ::: CWP-7284-2020 -2- complainants.

Petition stands disposed of accordingly.

( RAJIV SHARMA ) JUDGE ( HARINDER SINGH SIDHU ) JUDGE May 08, 2020 ndj Whether speaking/reasoned Yes/No Whether reportable Yes/No 2 of 2 ::: Downloaded on - 09-05-2020 20:40:51 :::

----

Present: Mr. Naveen Sharma (Bhardwaj), Advocate for the petitioner.

**** Lalit Batra, J.(Oral) Case has been taken up for hearing through Video Conferencing.

Notice of motion.

Mr. Sharad Aggarwal, AAG, Haryana, accepts notice on behalf of respondents No.1 to 5.

At this juncture, learned counsel for the petitioner submits that representation dated 20.04.2020 (Annexure P-5) moved by petitioner is still pending before respondent No.4-Sub Divisional Magistrate, Loharu, District Bhiwani and the said authority may be asked to decide the said representation at the earliest.

Learned State counsel has given concurrence to the above said contention of learned counsel for the petitioner.

The petitioner has already made a representation vide Annexure P-3. The competent authority is directed to decide the representation within a period of one week from today by passing a speaking/detailed order and also by taking into consideration all the pleas raised in the writ petition.

Petition stands disposed of accordingly.

( RAJIV SHARMA ) JUDGE ( HARINDER SINGH SIDHU ) JUDGE May 08, 2020 ndj Whether speaking/reasoned Yes/No Whether reportable Yes/No 1 of 1 ::: Downloaded on - 08-05-2020 20:40:15 :::

The petitioner has already made a representation. The competent authority is directed to decide the representation in accordance with law within a period of one week from today by passing a speaking/detailed order.

Petition stands disposed of accordingly.

( RAJIV SHARMA ) JUDGE ( HARINDER SINGH SIDHU ) JUDGE May 08, 2020 ndj Whether speaking/reasoned Yes/No Whether reportable Yes/No 1 of 1 ::: Downloaded on - 08-05-2020 20:42:29 :::

The petitioner is permitted to make a representation to the General Manager, Food Corporation of India, Chandigarh within a period of one week from today. The General Manager shall decide the representation by passing a speaking/detailed order by referring to the terms and conditions incorporated in the tender document.

Petition stands disposed of accordingly.

( RAJIV SHARMA ) JUDGE ( HARINDER SINGH SIDHU ) JUDGE May 08, 2020 ndj Whether speaking/reasoned Yes/No Whether reportable Yes/No 1 of 1 ::: Downloaded on - 08-05-2020 20:39:14 :::

The petitioner is seeking regular bail in FIR No.219 dated 05.10.2019 under Section 20 of Narcotic Drugs and Psychotropic Substances Act, 1985 registered at Police Station Sadar, Bahadurgarh, District Jhajjar.

Counsel for the petitioner has argued that the allegation against the petitioner is that 605 grams Charas was recovered from him which he was allegedly carrying in a red colour bag. He submits that the alleged recovery is non-commercial. He further submits that he is in custody since 05.10.2019 and the trial is likely to take sometime to conclude.

1 of 2 ::: Downloaded on - 09-05-2020 20:52:28 ::: CRM-M-52914 of 2019 {2}

Learned counsel for the petitioners inter alia contends that no specific role has been attributed to the petitioners. In fact, it is a case of version and cross version, wherein, both the parties received injuries. Initially, the FIR was registered under Sections 324, 323, 148, 149 IPC and it was after a period of 3½ months from the date of occurrence, an offence under Sections 326 IPC was added.

It has been further submitted that petitioner No.1 - Jarnail Singh, who was alleged to have been armed with Kapa has been attributed a simple injury. Petitioner No.2 - Jaspal Singh @ Jagpal Singh, who was alleged to be armed with a dang, too was attributed a blunt simple injury.

Prayer in the application is for grant of anticipatory bail in FIR bearing No.37 dated 05.03.2020, under Sections 376 and 120-B of Indian Penal Code, 1860 (Section 4 of The Protection of Children from Sexual Offences Act, 2012 and Section 506 IPC were added later on) registered at Police Station Sadar, Jalandhar.

FIR was recorded on the statement of ABC (name withheld). She stated that in the year 2018, she alongwith her female friends had gone to the house of Jassa son of Kashmiri Lal for Lohri, where Jassa clicked group and individual photographs of the complainant and her friends. In February 2018, Reena Rani wife of Rui Das, sister-in-law of Jassa, called the complainant to her house and took photographs of the complainant with Jassa. Reena made Jassa and the complainant sit in a room and bolted the door from outside. When Jassa and complainant were alone in the room, 1 of 3 ::: Downloaded on - 08-05-2020 21:11:25 ::: CRM-M-12084 of 2020 {2} Jassa sexually assaulted the complainant. Somehow the complainant managed to get door opened and went back home. Jassa started harassing, black-mailing and threatened her. Later on, the complainant narrated the entire incident to her mother and submitted a complaint before the police authorities.

The learned counsel for the petitioner contends that the petitioner has been falsely implicated in the case in hand. The petitioner, who is the husband of the deceased had been married for almost 15 years and no complaint whatsoever was ever lodged against the petitioner by the complainant prior to the occurrence in hand. It has further been contended that all the material witnesses including the complainant did not support the case of the prosecution and were declared hostile before the trial Court.

The learned State counsel on the other hand has vehemently opposed the grant of concession of regular bail to the petitioner by contending that there are serious and specific allegations against the petitioner, who is none other than the husband of the deceased. He, 1 of 2 ::: Downloaded on - 08-05-2020 21:14:39 ::: CRM-M-44316-2019 [ 2 ] however, has not been able to controvert the submissions made by learned counsel for the petitioner that the complainant and other material witnesses did not support the case of the prosecution during trial and were declared hostile by the trial court.

PRESENT: MS. GURSHARAN K. MANN, ADVOCATE FOR THE PETITIONER.

MR. GAURAV DHURIWALA, SR.DAG, PUNJAB.

MANOJ BAJAJ, J.(ORAL) Kamlesh Verma @ Kiran Mummy has filed this petition for grant of regular bail in case FIR No.56 dated 9.5.2019 under Sections 376- D/120-B IPC, Police Station E-Division, District Amritsar. The petitioner is in custody since her arrest on 18.2.2020. The above FIR in question was initially registered at Police Station Padampur, District Sri Ganganagar as Zero FIR and was later on forwarded to District Amritsar where the above FIR was recorded.

As per the allegations, the victims had voluntarily left their house on 31.7.2018 and reached at Amritsar, where they came in contact with two persons, namely, Gagan and Vicky. They both promised a job for them and took them to the house of Vicky, where they raped the victims repeatedly. Later on, the victims were sent to other persons as well and accused Simmi facilitated the illegal sexual activities at her residence. Gagan used to send one of the victims outside the town as well. One of the 1 of 3 ::: Downloaded on - 08-05-2020 21:07:10 ::: CRM-M-12077-2020 (O&M) -2-

The learned counsel for the petitioners contends that a perusal of the FIR clearly reveals that no offence under Section 307 IPC is made out against the petitioners. It has been further contended that an inquiry was conducted by the DSP (Major Crime) Moga (Annexure P2) subsequent to the registration of FIR which found the petitioners innocent as they were not present at the spot at the time of the alleged occurrence which lends credence to the factum of petitioners having been falsely implicated in the instant case. It has been thus prayed that the petitioners be granted the concession of regular bail as they have been behind bars since 01.03.2020 coupled with the fact that the injury allegedly attributed to the petitioners was found to be blunt in nature.

The learned counsel for the petitioner contends that a perusal of the FIR clearly reveals that no offence under Section 307 IPC is made out against the petitioner. It has been further contended that an inquiry was conducted by the DSP (Major Crime) Moga (Annexure P2) subsequent to the registration of FIR which found the petitioner and his sons innocent as they were not present at the spot at the time of the alleged occurrence which lends credence to the factum of petitioner having been falsely implicated in the instant case. It has been thus prayed that the petitioner be granted the concession of regular bail as he has been behind bars since 01.03.2020 coupled with the fact that the injury allegedly attributed to the petitioner was found to be blunt in nature.

Counsel for the petitioners has argued that as per the allegations in the FIR, the co-accused of the petitioners namely Binder Singh has caused the injury on the head of the complainant and he already stands arrested, however, he has been granted the concession of the regular bail by the trial Court. It is further submitted that both the petitioners are attributed injuries on the non-vital part of the complainant and it will be a debatable issue to be decided during the 1 of 2 ::: Downloaded on - 08-05-2020 20:56:16 ::: CRM-M No.12049 of 2020 (O&M) 2 course of trial, whether Sections 332 and 334 IPC are made out or not.

Disney keeps remaking its animated classics because they're a proven box-office success.Insider spoke with three former Disney animators who worked on "Beauty and the Beast," "Hercules," "The Lion King," and "Mulan" who shared their thoughts on the adaptations. They were surprised so many of the films they worked on are getting remade, especially the more recent ones from the '90s.None of them were fans of "The Lion King," criticizing the film's lack of emoting and how closely it adhered to the original."I think it's all about the money and growing the company and making the investors and stockholders happy," "Mulan" co-director Tony Bancroft told Insider. Insider also spoke with producers and VFX artists on "Aladdin" and "The Lion King" who pushed back on claims the remakes are simply cash-grabs.If

Disney's live-action "Mulan" is scheduled for release on July 24 after being delayed several months.Insider caught up with Tony Bancroft, codirector of 1998's animated "Mulan," at the film's world premiere at the Dolby Theatre in Los Angeles, California in March.Bancroft told Insider he "enjoyed it far more" than he expected and praised director Niki Caro on a job well done."This, to me, is what all these Disney remakes should be," said Bancroft of the film being reminiscent of the original, but being original enough to stand on its own.Visit Insider's homepage for more stories.Early social reactions for Disney's upcoming live-action "Mulan" have been extremely positive. The new film also has the backing of one of the codirectors of the original 1998 animated movie."I really enjoyed it far

1 Learned A.P.P, on instructions, states that the statement of the victim girl has been recorded on 6 th May 2020 and that the police intend to register a C.R pursuant to the said statement. Statement accepted. 2 Stand over to 12th June 2020.

REVATI MOHITE DERE, J.

SQ Pathan 1/1

PER COURT :

1. Heard learned advocate for the applicants, learned Additional Public Prosecutor, as well as learned advocate Mr. S. S. Ladda who is intervening and appearing for the original informant.

2. It will not be out of place to mention here that, this Court by order dated 15-04-2020 has directed that no coercive action shall be taken against the applicants for a period of three weeks or till such time the State Government withdraws the lockdown in its entirety, whichever is earlier. Now the lockdown has not yet ended and, therefore, the learned advocate for the applicants seeks extension of the said order. The applications have been mainly objected by the learned advocate for the informant who submits that, the wives of the present applicants had approached this Court also for pre-arrest bail and it was not granted. Then they had approached Hon'ble Supreme Court on 05-02-2020. The said application was rejected and the petitioners therein were directed to surrender within a period of three months. The learned advocate for informant had ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 12:52:40 ::: 3 ABA369-2020 with 370-2020 submitted that, till today there is no compliance of the said order by those petitioners. In fact, the role of those petitioners is lesser than the present applicants yet the protection is granted to the applicants, and now by taking disadvantage of the said order, the applicants are trying to tamper with the evidence of the prosecution as well as trying to drive the informant is under fear.

PER COURT :

1. Heard learned advocate for the applicants, learned Additional Public Prosecutor, as well as learned advocate Mr. S. S. Ladda who is intervening and appearing for the original informant.

2. It will not be out of place to mention here that, this Court by order dated 15-04-2020 has directed that no coercive action shall be taken against the applicants for a period of three weeks or till such time the State Government withdraws the lockdown in its entirety, whichever is earlier. Now the lockdown has not yet ended and, therefore, the learned advocate for the applicants seeks extension of the said order. The applications have been mainly objected by the learned advocate for the informant who submits that, the wives of the present applicants had approached this Court also for pre-arrest bail and it was not granted. Then they had approached Hon'ble Supreme Court on 05-02-2020. The said application was rejected and the petitioners therein were directed to surrender within a period of three months. The learned advocate for informant had ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 12:52:51 ::: 3 ABA369-2020 with 370-2020 submitted that, till today there is no compliance of the said order by those petitioners. In fact, the role of those petitioners is lesser than the present applicants yet the protection is granted to the applicants, and now by taking disadvantage of the said order, the applicants are trying to tamper with the evidence of the prosecution as well as trying to drive the informant is under fear.

2. The present respondents have filed First Appeal No.1909 of 2019 challenging the Judgment and award in land acquisition proceedings i.e. Land Acquisition Reference No.122 of 2011, decided by learned Joint Civil Judge, Senior Division, Omerga on 02-08- 2014. The appeal is admitted and it is pending before this Court for its turn for final hearing. They have also filed an application for stay ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 12:49:30 ::: 3 CriApln 90-2020 to the execution of the award and a conditional order was passed by this Court. The appellant therein were directed to deposit the entire decreetal amount awarded by the Reference Court along with interest accrued within six weeks from the date of the order i.e. 22- 06-2018. After the amount was deposited by the appellants therein, the present applicants had filed Application No.7291 of 2019 for withdrawal of the amount. After hearing the parties, this Court passed following order : -

(ii) The applicants to deposit the fine amount in the trial Court within eight weeks from today;

SQ Pathan 2/3 ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 06:03:59 ::: LD.VC.OCR.25.20.doc (iii) The applicants shall report to the trial Court once in six

months, till the aforesaid appeal is finally heard and decided. 6 The Interim Application is accordingly disposed of. 7 All concerned to act on the copy of this order, digitally signed by the Senior Private Secretary.

(ii) The applicant shall attend the concerned Police Station as and when called;

(iii) The applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case.

SQ Pathan 3/4 ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 06:03:51 ::: Apeal.196.20.doc 8 Stand over to 3rd July 2020. 9 All concerned to act on the copy of this order, digitally signed

2. The applicant has been convicted for the offence punishable under Section 395 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for ten years and to pay fine of Rs.10,000/- (Rs. Ten Thousand only), in default, to suffer rigorous imprisonment for one year. -1- ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 12:49:45 :::

2(i)-appln-3675-19.odt

3. Heard learned Advocate Mr. R. C. Bora holding for learned Advocate Mr. M. L. Wankhade for applicant and learned APP Mr. P. G. Borade for respondent-State.

2. Rule is made returnable forthwith with consent of ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 11:34:03 ::: (2) Cr.WP 1611/2016 both the parties and matter is taken for fnal hearing at the stage of admission itself.

3. Present petition has been fled by the original accused, invoking the constitutional powers of this Court under Article 227 of Constitution of India and the inherent powers under Section 482 of Code of Criminal Procedure for quashing and setting aside order passed in Criminal Revision Application No. 55 of 2015 dt. 21-09-2016 by learned Sessions Judge, Jalgaon and also to challenge the order passed below Ex.1 in Regular Criminal Case No. 573 of 2006 dt. 26-11-2014 passed by learned Chief Judicial Magistrate, Jalgaon.

2. Heard learned Advocate Mr. H. I. Pathan for petitioner and learned Advocate Mr. Y. K. Delmade for respondent No.1.

3. It has been vehemently submitted on behalf of the petitioner ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 12:49:39 ::: 3 WP 1700-2019 husband that, the learned trial Judge failed to consider that, there was nothing on record which would positively show that the wife has been subjected to domestic violence. A cryptic order has been passed only on the basis of contents of the application and by ignoring the say filed by the respondent. There was nothing to show that, the husband had deserted the wife. Further the husband had filed petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act before Family Court at Nanded vide Petition No. A 91 of 2016, it has been decided on 02-02-2018, thereby decreeing the petition and directing the wife to resume cohabitation. Under such circumstance, the wife is not entitled to get maintenance much less interim maintenance. He, therefore, prayed for setting aside the impugned order.

1. Present review application has been filed by original appellants for review of judgment and order dated 1st August, 2019 passed by this Court in aforesaid First Appeal.

2. Present review applicants are the original claimants, who filed MACP No.256/2013 before learned Member, Motor Accident Claims Tribunal, Latur (herein after referred to as the ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 12:49:35 ::: (2) Review Appln.No.199/2019 Tribunal) for getting compensation for the accidental death of one Hanmantrao Manikrao Deshmukh, on whom present review applicants were depending.

2. Since arguable points are made, the appeals are admitted.

3. By consent the appeals are taken up for final disposal. ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 11:31:54 :::

3 CriAppeal 114-2000 +1

4. Both these appeals have been filed by the original accused in Crime No.03 of 2020 dated 08-01-2020, registered with Mahur Police Station District Nanded for the offences punishable under Section 143, 147, 148, 149, 506 of Indian Penal Code and under Section 3(1)(3), 3(1)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 on the basis of the First Information Report lodged by present respondent No.2. These appeals have been filed as per the provisions of Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

3 Present respondent No.1 is the original complainant, who has filed private complaint bearing R.C.C. No.106/2015 before learned Judicial Magistrate First Class, Khultabad, Dist. Aurangabad. It was filed against five persons contending that they have committed offence punishable under Section 467, 468, 469, 409, 420 read with Section 34 of the Indian Penal Code.

4 Brief facts narrated in the complaint are, that the original accused No.3 is the President of institution by name Anjuman Eshat-e-Taleem and accused No.4 is the Secretary. The said institution is registered as Trust under the Maharashtra Public Trust Act. It receives 100% grants from the Government to run college by name Maulana Azad Higher Secondary School at Khultabad. Accused No.1 is serving as Assistant Teacher since 2011 and ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 11:32:24 ::: 4 Cri.WP_932_2019+1_Jd prior to that he was serving as Shikshan Sevak in the subject of Phychology and Sociology. Accused No.2 is the Headmistress of the said school since 2008. Original accused No.5 was then Deputy Director of Education. It is contended that when accused No.1 was in service, he has completed the course of M.A. 1st part in Psychology for the academic year of 2008-09 from Vivekanand College, Aurangabad. His attendance on the Transfer Certificate of said college is said to be 75%. Thereafter, for the year 2010-11 he has completed the M.A. 2nd part in Psychology as a regular student of the said college. The college timing is stated to be 4.00 p.m. to 7.00 p.m. and for 2010-11 it is from 12.00 noon to 5.40 p.m.. The Institution record shows that during the said period, he has taken only 8 days Earned Leave. This shows that accused No. 1, in conspiracy with the accused Nos.1 to 4, was only signing the attendance register and taking the salary/honorarium of Rs.9,000/- per month, amounting to Rs.2,00,000/- for two years. It is stated that in the past also there were instances in the said college run by the accused, in respect of payments made towards salary without candidate putting any work. That amount has been recovered by the Government. All those persons had come to this Court, however, those petitions were rejected and criminal proceedings are pending against two of them. The complainant had given a complaint application on 18.01.2012 to the Deputy Director of Education, Aurangabad. He has passed an order on 11.06.2012. It was ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 11:32:24 ::: 5 Cri.WP_932_2019+1_Jd directed that the accused No.1 should deposit the entire amount, which he has received towards honorarium with the Government. Further directions were given to take action under Rule 28(5) of Maharashtra Private Schools (Terms of Service) Rules, 1981. It was also stated in the said order that since the accused No.1 has derelicted from duty, inquiry be held and after the report is received then only the further action of continuation in his service would be taken. Therefore, the continuation was not done and as the salary was not given, accused No.1 staged agitation from 09.07.2012 in front of the office of Deputy Director of Education. He was advised on 12.07.2012 to file an appeal and he was then prevented from continuing the agitation. The appeal was filed by him and stay was granted to the order passed. In view of the said stay the accused No.1 was given continuation of service. No opportunity was given to the complainant to put forth his say by the Director of Education when stay was granted. The complainant thereafter filed writ petition before this Court bearing Writ Petition No.6756 of 2012. In that petition the Director of Education was directed to file affidavit. Accordingly, affidavit was filed on 24.04.2013. It was specifically stated that on 17.04.2013 further order has been passed that the stay has been vacated and the order passed by Deputy Director of Education Aurangabad on 11.06.2012 is confirmed. In view of the said contentions in the writ petition, the writ petition came to be rejected. In the meantime, accused No.5 took charge as ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 11:32:24 ::: 6 Cri.WP_932_2019+1_Jd Deputy Director of Education, Aurangabad and he gave letter on 24.06.2013, thereby cancelling the confirmation to the service given to accused No.1. Accused Nos.2 to 4 had not taken any steps for inquiry in view of the order dated 11.06.2012. A false report was submitted to the Deputy Director of Education. Accused No.1 has not even deposited the amount of Rs.2,00,000/- which he had taken as honorarium for two years. Yet, after accepting the false report the accused No.5 has continued the services of accused No.1 by letter dated 26.08.2013. It has been submitted that all the accused persons with common intention with each other prepared false report, prepared false attendance register, pay bills and other documents, thereby all of them have cheated the Government as well as the students, and therefore, he says that offence has been committed by all the accused persons. He, therefore, prayed for issuing process and punishing the accused persons.

3 Present respondent No.1 is the original complainant, who has filed private complaint bearing R.C.C. No.106/2015 before learned Judicial Magistrate First Class, Khultabad, Dist. Aurangabad. It was filed against five persons contending that they have committed offence punishable under Section 467, 468, 469, 409, 420 read with Section 34 of the Indian Penal Code.

4 Brief facts narrated in the complaint are, that the original accused No.3 is the President of institution by name Anjuman Eshat-e-Taleem and accused No.4 is the Secretary. The said institution is registered as Trust under the Maharashtra Public Trust Act. It receives 100% grants from the Government to run college by name Maulana Azad Higher Secondary School at Khultabad. Accused No.1 is serving as Assistant Teacher since 2011 and ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 11:32:08 ::: 4 Cri.WP_932_2019+1_Jd prior to that he was serving as Shikshan Sevak in the subject of Phychology and Sociology. Accused No.2 is the Headmistress of the said school since 2008. Original accused No.5 was then Deputy Director of Education. It is contended that when accused No.1 was in service, he has completed the course of M.A. 1st part in Psychology for the academic year of 2008-09 from Vivekanand College, Aurangabad. His attendance on the Transfer Certificate of said college is said to be 75%. Thereafter, for the year 2010-11 he has completed the M.A. 2nd part in Psychology as a regular student of the said college. The college timing is stated to be 4.00 p.m. to 7.00 p.m. and for 2010-11 it is from 12.00 noon to 5.40 p.m.. The Institution record shows that during the said period, he has taken only 8 days Earned Leave. This shows that accused No. 1, in conspiracy with the accused Nos.1 to 4, was only signing the attendance register and taking the salary/honorarium of Rs.9,000/- per month, amounting to Rs.2,00,000/- for two years. It is stated that in the past also there were instances in the said college run by the accused, in respect of payments made towards salary without candidate putting any work. That amount has been recovered by the Government. All those persons had come to this Court, however, those petitions were rejected and criminal proceedings are pending against two of them. The complainant had given a complaint application on 18.01.2012 to the Deputy Director of Education, Aurangabad. He has passed an order on 11.06.2012. It was ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 11:32:08 ::: 5 Cri.WP_932_2019+1_Jd directed that the accused No.1 should deposit the entire amount, which he has received towards honorarium with the Government. Further directions were given to take action under Rule 28(5) of Maharashtra Private Schools (Terms of Service) Rules, 1981. It was also stated in the said order that since the accused No.1 has derelicted from duty, inquiry be held and after the report is received then only the further action of continuation in his service would be taken. Therefore, the continuation was not done and as the salary was not given, accused No.1 staged agitation from 09.07.2012 in front of the office of Deputy Director of Education. He was advised on 12.07.2012 to file an appeal and he was then prevented from continuing the agitation. The appeal was filed by him and stay was granted to the order passed. In view of the said stay the accused No.1 was given continuation of service. No opportunity was given to the complainant to put forth his say by the Director of Education when stay was granted. The complainant thereafter filed writ petition before this Court bearing Writ Petition No.6756 of 2012. In that petition the Director of Education was directed to file affidavit. Accordingly, affidavit was filed on 24.04.2013. It was specifically stated that on 17.04.2013 further order has been passed that the stay has been vacated and the order passed by Deputy Director of Education Aurangabad on 11.06.2012 is confirmed. In view of the said contentions in the writ petition, the writ petition came to be rejected. In the meantime, accused No.5 took charge as ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 11:32:08 ::: 6 Cri.WP_932_2019+1_Jd Deputy Director of Education, Aurangabad and he gave letter on 24.06.2013, thereby cancelling the confirmation to the service given to accused No.1. Accused Nos.2 to 4 had not taken any steps for inquiry in view of the order dated 11.06.2012. A false report was submitted to the Deputy Director of Education. Accused No.1 has not even deposited the amount of Rs.2,00,000/- which he had taken as honorarium for two years. Yet, after accepting the false report the accused No.5 has continued the services of accused No.1 by letter dated 26.08.2013. It has been submitted that all the accused persons with common intention with each other prepared false report, prepared false attendance register, pay bills and other documents, thereby all of them have cheated the Government as well as the students, and therefore, he says that offence has been committed by all the accused persons. He, therefore, prayed for issuing process and punishing the accused persons.

CRM No. 3354 of 2020 (Via Video Conference) In Re:- An application for bail under section 438 of the Code of Criminal Procedure in connection with Jalpaiguri Women Police Station Case No. 144/2019 dated 07.11.2019 registered for investigation into offences punishable under Sections 498A/304B/34 of the Indian Penal Code read with Section 4 of the Dowry Prohibition Act.

And In the matter of : Kalpana Roy ... Petitioner Ms. Jeenia Rudra .. for the petitioner Mr. Neguive Ahmed ..for the State The petitioner undertakes to affirm and stamp the petition as per the Rules within 48 hours of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking. The petitioner is the mother-in-law of the deceased victim. The prayer for bail of the husband of the victim has been rejected earlier today.

It is the submission of the petitioners that the respondent nos.9 to 12 were the erstwhile tenants who are allegedly occupying the impugned premises and are presently running a quarantine center as per the Memo No. H&FW/132/2020/128 (Annexure-P/6).

Mr. Gaggar, counsel appearing on behalf of the petitioner led by Mr. Aniruddha Chatterjee, submits that in spite of several representations having been made before the Officer-in-Charge, Karaya Police Station being the respondent no.8 herein and the Chief Secretary, Government of West Bengal being the respondent no.2 herein, no action has been taken by the State authorities.

Vs.

State of West Bengal Mr. Kallol Basu Mr. Suman Banerjee ... For the petitioners Mr. Kishore Dutta , Ld. A.G. ... for the State The challenge in this writ petition is with regard to two notifications dated February 26, 2020 and March 4, 2020 by which the existing reservation in favour of the doctors has been replaced by 10 per cent weightage given to doctors serving in rural areas in all places which are locally remote.

In the earlier matter bearing writ petition no. W.P.5365(W) of 2020 which also dealt with the same notifications an order has been passed directing that the provisional list and the final list may be published as per weightage proposed in the impugned notifications in the writ petition. Needless to mention the admissions given shall be subject to the final result of the writ petition. In my view that order shall also govern the present writ petition.