weather today partly temperature --.- at a glance cloudy...

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COURT WATCH 07 Greater Kashmir SRINAGAR | August 12, 2015, Wednesday Weather at a glance Max 31.5 ° Min 19.0 ° 7:24 Yesterday’s TEMPERATURE Sunset Wednesday 5:52 Sunrise Thursday 32.0 ° Today Partly cloudy sky. Srinagar Max 34.1 ° Min 27.0 ° 7:21 Yesterday’s TEMPERATURE Sunset Wednesday 5:54 Sunrise Thursday 33.0 ° Today Partly cloudy sky. Jammu Max --.- ° Min --.- ° 7:12 Yesterday’s TEMPERATURE Sunset Wednesday 5:40 Sunrise Thursday 30.0 ° Today Partly cloudy sky. Leh ALLAMA IQBAL LIBRARY UNIVERSITY OF KASHMIR TENDER NOTICE Sealed bids affixed with revenue stamp worth Rs.5/= (five) are invited from competent firms/agencies meeting the bid evaluation Criteria as stated in the detailed tender document for the following items:- 1) Servicing and Maintenance of Central Heating Plant. Earnest Money Deposit/Bid Security: Shown in Tender Document Cost of Tender document : Shown in Tender Document Due date and time of submission of Bids: By or before 24 th Aug 2015, 3.30 PM Due date and time for the opening of Bid : 25th AUG 2015, 11 AM Position of funds : Demanded. Place of Receipt of Tenders:- Office of the University Librarian Allama Iqbal Library, University Campus, Hazratbal, Srinagar Kashmir, J&K -06 The complete tender document can be had from the office of the undersigned or can be downloaded from the website of Kashmir university viz. www.kashmiruniversity.ac.in. In case downloaded Tender Document is provided with the Bid, a Demand Draft amounting to the cost of Tender document Fee shown in detailednotice may be furnished as Tender Document Fee pledged to University Librarian, Allama Iqbal Library. The tender document fee can also be deposited in the Accounts Section of Allama Iqbal Library. If any of the days specified above happens to be a holiday, the next working day shall be implied. Bids received after the due date and times are liable to be rejected. Conditional bids will be straight away rejected and the bidder(s) are advised to quote strictly as per the terms and conditions of the tender documents and not to stipulate any deviations/exceptions. The University Librarian reserves the right to reject any tender without assigning any reason thereof. No. F (Tender-Notice/CHP) AIL/KU/15 Sd/- Dr. Abdul Majid Baba Dated:- 07th AUG 2015 University Librarian Citing ‘mismanagement,’ Centre stops healthcare funds Key schemes defunct Employees without salary ZEHRU NISSA Srinagar, Aug 11: ‘Financial mismanagement’ and ‘poor admin- istration’ of centrally sponsored schemes in JK is resulting in a health sector flop-show at the ground level. As employees go with- out salary for more than a year at a stretch, healthcare delivery at grass root level is taking a nose dive. According to sources, the cen- trally sponsored health schemes have run into financial problems because of the failure of the state to ensure that the funds allocated by the central health ministry are used for these schemes only. “The GoI has made it manda- tory that separate accounts be maintained for centrally spon- sored schemes. However, in J&K, the funds of centrally sponsored schemes go to the finance depart- ment where these are utilized for other heads and as a result there is a financial crunch for the health schemes,” said an official. The official said that it is a mis- conception that the GoI does not release money. “The liabilities arise because the money meant for these schemes is just not managed well,” he said. Director Family Welfare, Dr. Baldev Rai Sharma, however said that there has been ‘curtailment’ of funds from GoI for many health- care schemes. “For a requirement of Rs 80 crore, we are getting only Rs 40-50 crore. The centre had asked the state to pay the deficit and had assured that the amount would be reimbursed. But there has been delay in that,” he said. He added that by order 298 HME dated August 4, 2015, the liability of Rs 37 crore had been cleared by the state and the salaries of the employ- ees would be paid soon. This, however, sounds like many earlier assurances, according to health sector employees. The employees of Family Wel- fare Department in J&K have reportedly warned the higher ups of stopping the delivery of services they are mandated for. Many of these employees have not been salary of over 12 months. The FMPHW, Block Health Workers and administrative staff of Family Welfare department have alleged that in the past 15 months, they were paid salary of just one month in March 2015. Jabeena, a FMPHW said, “Why should I care for immunization or ANC registration. The higher ups want to show that everything is alright and ask us to maintain reg- ister, but on ground why should any worker go to work if there is no pay.” She summed up the performance of Mother and Child Health (MCH) schemes as ‘good paper work’. “A FMPHW who leaves her home every day and tells her family that she is going for work faces many problems if she is not paid for that work,” said Rukhsana (name changed) a health worker. “Many of us had to take their kids out of school for there has been no salary for so long,” she added. Incidentally, Health and Family Welfare is not the only department going through the rough weather. Many employees, including doc- tors working under the high focus National Health Mission are also living a life of penury as their sala- ries have not been transferred to their accounts for many months. An official in the Family Welfare department said that the state gov- ernment’s delay in releasing the payments puts these departments in a tight spot. “One quarterly installment was totally missing in the last financial year. This year too, the trend has been set with only one installment being released,” said an official. “Healthcare delivery in rural areas, that was supposed to be strengthened through these centrally sponsored schemes, is actually getting messier with de-motivated staff and the result is an ineffective system,” said a senior doctor. Detainee’s death: High Court dismisses Government plea against compensation ‘Pay ` 5 lakh with 9 percent interest to victim family’ D A RASHID Srinagar, Aug 11: The Jammu and Kashmir High Court has directed the government to pay compensation of Rs 5 lakh along with the interest of 9 percent to the family of a detainee who died due to negligence of Kup- wara jail authorities in 2012. Upholding its single bench order of paying compensation of Rs 5 lakh to father of deceased Sajad Ahmad Dar, a division bench of Chief Justice N Paul Vasanthakumar and Justice Hasnain Massodi directed the government to pay compensa- tion to the victim family. Sajad Ahmad Dar son of Ghulam Nabi Dar of Sangram- pora Sopore, who was booked under Public Safety Act (PSA) for his alleged involvement in a militancy-related case, was shifted to SKIMS on March 22, 2012, by policemen from sub-dis- trict jail Kupwara after he com- plained of pain in the head. He died two hours later. While the family of deceased alleged that there was negligence in providing timely treat- ment to the deceased, a magisterial inquiry ordered by the government indicted the jail authorities for the death of the 25-year old detainee. “The appellant (government) is bound to pay 9 % interest from the date of the order of single judge till the date of payment of compensation amount. The interest payable up to the date of payment shall be calculated along with Rs 5 lakh,” the bench ordered, dismissing the govern- ment’s appeal as meritless. The court directed the gov- ernment to pay the compensa- tion to the victim family within 4 weeks. Referring to various Supreme Court Judg- ments, the bench held that if there is any laxity on part of the prison authorities in not provid- ing timely treatment to the detainee who dies in custody or detention, the state is bound to pay compensation. Citing the magisterial inquiry report, the bench said that no qualified medical officer was available in the jail and a non-technical person (nursing orderly) was given the charge of medical section by the jail authorities. The jail authorities, the court said, had knowledge regarding health condition of the deceased detainee at 9 pm on March 21, 2012, and it was only at 4 pm on March 22 that message was flashed to DPL and at 7 am they took the detainee to hospital, delaying about 10 hours. “In such circumstances, the death has taken place only due to total negligence on part of the jail authorities,” the court said. On December 5, 2014, a bench of High Court had directed the government to pay Rs 5 lakh in favour of father of the deceased and had put the respondent authorities at liberty to recover the paid amount from the wrong doers who, it said, had exhibited negligence while handling posi- tion of the detainee. While awarding the compensa- tion, the court had said that the negligence could not be termed as ‘criminal in absence of criminal intent.’ Citing the judgment in case of D K Basu versus state of West Bengal, the court observed that the death has occurred due to omission and commission which included delay on part of the delinquent officials. Therefore, the single bench said, father of the detainee was entitled to compensation. Observing that no action was taken against the delinquent officials named in the inquiry report, the court had directed that departmental action be taken against the erring officials within eight weeks and report of the same shall be submitted before the Registrar Judicial. Advocate Mian Qayoom rep- resented the victim family. Irrigation canals suffered ` 200 cr losses in last year’s flood Srinagar, Aug 11: Irrigation canals in Kashmir suffered losses to the tune of Rs 200 crores in last year’s flood, officials said today. As per estimates of Irrigation and Flood Control Department, these canals were damaged at around 5000 spots across Kashmir. A senior I&FC official said that though more aention is given to flood control, “but our department has primary function of providing irrigation water to farmlands and agriculture tracts.” Talking to Greater Kashmir, Chief Engineer, Irrigation and Flood Control Kashmir, Javid Jaffar said that 98 percent of the irrigation canals have been restored. GKNN ‘Release pending salaries of judicial officers or appear in Court’ HC censures Chief Secretary, Law Secretary, Finance Secretary Srinagar, Aug 11: The J&K High Court on Tuesday direct- ed state Chief Secretary, Law Secretary and Finance Secretary to appear before it on August 18 if they failed to implement its orders on release of Rs 4.5 crore for pay- ment of salaries to 38 judicial officers and the staff attached to Additional Special Mobile Magistrate courts in the state. Passing directions on a Public Interest Litigation related to the issue, a division bench of Chief Justice N Paul Vasanthakumar and Justice Hasnain Massodi directed the government to implement the court order of July 30. Seeking more time for implementation of its order, Additional Advocate General Tasaduq Khawaja submitted that the state cabinet has not met since the court passed the order on July 30. Granting further time, the bench however warned the concerned authorities against non-implementation of its directions saying the Chief Secretary, Law Secre- tary and Finance Secretary shall appear in person on next date of hearing on August 18 to explain their conduct. “They will have to state as to why the order dated 30.7.2015 is not complied with, so that appropriate action can be initiated against such offi- cers,” the court added. On July 30, the court had directed government to release Rs 4.5 crore for paying salaries of 38 judicial officers and the staff attached to Addi- tional Special Mobile Magis- trate courts in the state. The 38 officers of Addition- al/Special Mobile Magistrate and the staff were established under 13th Finance Commis- sion in lieu of creating the morning and evening courts for the state for improving justice delivery system. As per the information provided by Registry to High Court, Government of India has stopped funding due to which the judicial officers as well as the staff working in these courts are not getting their salaries from March this year. Information available with the Registry reveals that the salary amount required for the judicial officers as well as the staff for the financial year 2015-2016 is Rs 10,38,97,152. Rs 4,32,90,480 is needed to be paid as pending salary to the judicial officers and the Court staff for five months from March to July 2015. GKNN STATE twitter.com/GreaterKashmir_ facebook.com/DailyGreaterKashmir epaper.GreaterKashmir.com

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Page 1: Weather Today Partly TEMPERATURE --.- at a glance cloudy ...epaper.greaterkashmir.com/epaperpdf/1282015/1282015-md-hr-7.pdfAllama Iqbal Library. The tender document fee can also be

COURT WATCH

07Greater Kashmir SRINAGAR | August 12, 2015, Wednesday

Weatherat a glance

Max 31.5° Min 19.0°

7:24

Yesterday’s

TEMPERATURESunset

Wednesday 5:52SunriseThursday

32.0°Today

Partly cloudy sky.

Srin

agar

Max 34.1° Min 27.0°

7:21

Yesterday’s

TEMPERATURESunset

Wednesday 5:54SunriseThursday

33.0°Today

Partly cloudy sky.Ja

mm

u

Max --.-° Min --.-°

7:12

Yesterday’s

TEMPERATURESunset

Wednesday 5:40SunriseThursday

30.0°Today

Partly cloudy sky.Le

h

ALLAMA IQBAL LIBRARYUNIVERSITY OF KASHMIR

TENdER NOTIcESealed bids affixed with revenue stamp worth Rs.5/= (five) are invited from competent firms/agencies meeting the bid evaluation Criteria as stated in the detailed tender document for the following items:-1) Servicing and Maintenance of Central Heating Plant.Earnest Money Deposit/Bid Security: Shown in Tender DocumentCost of Tender document : Shown in Tender Document Due date and time of submission of Bids:

By or before 24 th Aug 2015, 3.30 PMDue date and time for the opening of Bid : 25th AUG 2015, 11 AMPosition of funds : Demanded.Place of Receipt of Tenders:-

Office of the University LibrarianAllama Iqbal Library, University Campus,

Hazratbal, Srinagar Kashmir, J&K -06 The complete tender document can be had from the office of the undersigned or can be downloaded from the website of Kashmir university viz. www.kashmiruniversity.ac.in. In case downloaded Tender Document is provided with the Bid, a Demand Draft amounting to the cost of Tender document Fee shown in detailednotice may be furnished as Tender Document Fee pledged to University Librarian, Allama Iqbal Library. The tender document fee can also be deposited in the Accounts Section of Allama Iqbal Library. If any of the days specified above happens to be a holiday, the next working day shall be implied. Bids received after the due date and times are liable to be rejected. Conditional bids will be straight away rejected and the bidder(s) are advised to quote strictly as per the terms and conditions of the tender documents and not to stipulate any deviations/exceptions. The University Librarian reserves the right to reject any tender without assigning any reason thereof.

No. F (Tender-Notice/CHP) AIL/KU/15 Sd/- Dr. Abdul Majid BabaDated:- 07th AUG 2015 University Librarian

Citing ‘mismanagement,’ Centre stops healthcare funds Key schemes defunct Employees without salary

ZEHRU NISSA

Srinagar, Aug 11: ‘Financial mismanagement’ and ‘poor admin-istration’ of centrally sponsored schemes in JK is resulting in a health sector flop-show at the ground level. As employees go with-out salary for more than a year at a stretch, healthcare delivery at grass root level is taking a nose dive.

According to sources, the cen-trally sponsored health schemes have run into financial problems because of the failure of the state to ensure that the funds allocated

by the central health ministry are used for these schemes only.

“The GoI has made it manda-tory that separate accounts be maintained for centrally spon-sored schemes. However, in J&K, the funds of centrally sponsored schemes go to the finance depart-ment where these are utilized for other heads and as a result there is a financial crunch for the health schemes,” said an official.

The official said that it is a mis-conception that the GoI does not release money. “The liabilities arise because the money meant for these schemes is just not managed well,” he said.

Director Family Welfare, Dr. Baldev Rai Sharma, however said that there has been ‘curtailment’ of funds from GoI for many health-care schemes. “For a requirement of Rs 80 crore, we are getting only

Rs 40-50 crore. The centre had asked the state to pay the deficit and had assured that the amount would be reimbursed. But there has been delay in that,” he said.

He added that by order 298 HME dated August 4, 2015, the liability of Rs 37 crore had been cleared by the state and the salaries of the employ-ees would be paid soon.

This, however, sounds like many earlier assurances, according to health sector employees.

The employees of Family Wel-fare Department in J&K have reportedly warned the higher ups of stopping the delivery of services they are mandated for. Many of these employees have not been salary of over 12 months. The FMPHW, Block Health Workers and administrative staff of Family Welfare department have alleged that in the past 15 months, they

were paid salary of just one month in March 2015.

Jabeena, a FMPHW said, “Why should I care for immunization or ANC registration. The higher ups want to show that everything is alright and ask us to maintain reg-ister, but on ground why should any worker go to work if there is no pay.”

She summed up the performance of Mother and Child Health (MCH) schemes as ‘good paper work’.

“A FMPHW who leaves her home every day and tells her family that she is going for work faces many problems if she is not paid for that work,” said Rukhsana (name changed) a health worker. “Many of us had to take their kids out of school for there has been no salary for so long,” she added.

Incidentally, Health and Family Welfare is not the only department going through the rough weather.

Many employees, including doc-tors working under the high focus National Health Mission are also living a life of penury as their sala-ries have not been transferred to their accounts for many months.

An official in the Family Welfare department said that the state gov-ernment’s delay in releasing the payments puts these departments in a tight spot. “One quarterly installment was totally missing in the last financial year. This year too, the trend has been set with only one installment being released,” said an official.

“Healthcare delivery in rural areas, that was supposed to be strengthened through these centrally sponsored schemes, is actually getting messier with de-motivated staff and the result is an ineffective system,” said a senior doctor.

Detainee’s death: High Court dismisses Government plea against compensation‘Pay ` 5 lakh with 9 percent interest to victim family’

D A RASHID

Srinagar, Aug 11: The Jammu and Kashmir High Court has directed the government to pay compensation of Rs 5 lakh along with the interest of 9 percent to the family of a detainee who died due to negligence of Kup-wara jail authorities in 2012.

Upholding its single bench order of paying compensation of Rs 5 lakh to father of deceased Sajad Ahmad Dar, a division bench of Chief Justice N Paul Vasanthakumar and Justice Hasnain Massodi directed the government to pay compensa-tion to the victim family.

Sajad Ahmad Dar son of Ghulam Nabi Dar of Sangram-pora Sopore, who was booked under Public Safety Act (PSA) for his alleged involvement in a militancy-related case, was shifted to SKIMS on March 22, 2012, by policemen from sub-dis-trict jail Kupwara after he com-plained of pain in the head. He died two hours later.

While the family of deceased alleged that there was negligence in providing timely treat-ment to the deceased, a magisterial inquiry ordered by the government indicted the jail authorities for the death of the 25-year old detainee.

“The appellant (government) is bound to pay 9 % interest from the date of the order of single judge till the date of payment of compensation amount. The

interest payable up to the date of payment shall be calculated along with Rs 5 lakh,” the bench ordered, dismissing the govern-ment’s appeal as meritless.

The court directed the gov-ernment to pay the compensa-tion to the victim family within 4 weeks.

Referring to various Supreme Court Judg-ments, the bench held that if there is any laxity on part of the prison

authorities in not provid-ing timely treatment to the

detainee who dies in custody or detention, the state is bound to pay compensation.

Citing the magisterial inquiry report, the bench said that no qualified medical officer was available in the jail and a non-technical person (nursing orderly) was given the charge

of medical section by the jail authorities.

The jail authorities, the court said, had knowledge regarding health condition of the deceased detainee at 9 pm on March 21, 2012, and it was only at 4 pm on March 22 that message was flashed to DPL and at 7 am they took the detainee to hospital, delaying about 10 hours.

“In such circumstances, the death has taken place only due to total negligence on part of the jail authorities,” the court said.

On December 5, 2014, a bench of High Court had directed the government to pay Rs 5 lakh in favour of father of the deceased and had put the respondent authorities at liberty to recover the paid amount from the wrong doers who, it said, had exhibited negligence while handling posi-tion of the detainee.

While awarding the compensa-tion, the court had said that the negligence could not be termed as ‘criminal in absence of criminal intent.’ Citing the judgment in case of D K Basu versus state of West Bengal, the court observed that the death has occurred due to omission and commission which included delay on part of the delinquent officials.

Therefore, the single bench said, father of the detainee was entitled to compensation.

Observing that no action was taken against the delinquent officials named in the inquiry report, the court had directed that departmental action be taken against the erring officials within eight weeks and report of the same shall be submitted before the Registrar Judicial.

Advocate Mian Qayoom rep-resented the victim family.

Irrigation canals suffered ` 200 cr losses in last year’s floodSrinagar, Aug 11: Irrigation canals in Kashmir suffered losses to the tune of Rs 200 crores in last year’s flood, officials said today.

As per estimates of Irrigation and Flood Control Department, these canals were damaged at around 5000 spots across Kashmir.

A senior I&FC official said that though more attention is given to flood control, “but our department has primary function of providing irrigation water to farmlands and agriculture tracts.”

Talking to Greater Kashmir, Chief Engineer, Irrigation and Flood Control Kashmir, Javid Jaffar said that 98 percent of the irrigation canals have been restored. GKNN

‘Release pending salaries of judicial officers or appear in Court’HC censures Chief Secretary, Law Secretary, Finance SecretarySrinagar, Aug 11: The J&K High Court on Tuesday direct-ed state Chief Secretary, Law Secretary and Finance Secretary to appear before it on August 18 if they failed to implement its orders on release of Rs 4.5 crore for pay-ment of salaries to 38 judicial officers and the staff attached to Additional Special Mobile Magistrate courts in the state.

Passing directions on a Public Interest Litigation related to the issue, a division bench of Chief Justice N Paul Vasanthakumar and Justice Hasnain Massodi directed the government to implement the court order of July 30.

Seeking more time for implementation of its order, Additional Advocate General Tasaduq Khawaja submitted that the state cabinet has not met since the court passed the order on July 30.

Granting further time, the bench however warned the concerned authorities against non-implementation of its directions saying the Chief Secretary, Law Secre-tary and Finance Secretary shall appear in person on next date of hearing on August 18 to explain their conduct.

“They will have to state as to why the order dated

30.7.2015 is not complied with, so that appropriate action can be initiated against such offi-cers,” the court added.

On July 30, the court had directed government to release Rs 4.5 crore for paying salaries of 38 judicial officers and the staff attached to Addi-tional Special Mobile Magis-trate courts in the state.

The 38 officers of Addition-al/Special Mobile Magistrate and the staff were established under 13th Finance Commis-sion in lieu of creating the morning and evening courts for the state for improving justice delivery system.

As per the information provided by Registry to High Court, Government of India has stopped funding due to which the judicial officers as well as the staff working in these courts are not getting their salaries from March this year.

Information available with the Registry reveals that the salary amount required for the judicial officers as well as the staff for the financial year 2015-2016 is Rs 10,38,97,152. Rs 4,32,90,480 is needed to be paid as pending salary to the judicial officers and the Court staff for five months from March to July 2015. GKNN

STATE twitter.com/GreaterKashmir_facebook.com/DailyGreaterKashmirepaper.GreaterKashmir.com