Hyderabad: A two-judge bench of the Telangana High Court declared the Telangana Eunuch Act as unconstitutional and ultra vires. The panel, comprising Chief Justice Ujjal Bhuyan and Justice C.V. Bhaskar Reddy issued a series of directions to the state government stating that the Aasra scheme must be extended to transgenders as well. It directed the government to ensure that reservation is provided to the socially and educationally backward classes. The panel also eclared that a permanent body must be formed to monitor and ensure the effective implementation of the directions issued. Vyjayanthi Vasanta Mogli filed the PIL contending that the Act was outdated and discriminatory as it criminalised the transgender community without legal basis. The path-breaking judgment comes on the day when the Bar stood up to congratulate Justice Bhuyan on being nominated for judgeship in the Supreme Court. The verdict was delivered in the open court and the details were not immediately available.
HC sets aside preventive detention under Narcotics Act
A two-judge bench of the Telangana High Court quashed a detention order passed by the state government under the Goondas Act. The bench, comprising Justice K. Lakshman and Justice Sree Sudha, allowed a writ petition filed by Kiran Saket challenging the detention of her husband Narender Harijan under the Telangana Act providing for preventive detention to curb dangerous activities, including bootlegging, dacoity and immoral trafficking. Nanda Kishore Yadav, counsel for the petitioner, pointed out that the detenue was accused in a single act under the Narcotic Drugs and Psychotropic Substances Act. He contended that the detenue was implicated in a single case based on the statement of the primary accused. No recoveries were made in and in any event, the counsel said, it did not affect “public order” and therefore the very premise for detention was baseless.
HC notice in PIL on Dindi Lift Irrigation
The Telangana High Court ordered notice in a PIL complaining of large-scale irregularities in sand mining in Dindi lift irrigation project. A two-judge bench of Chief Justice Ujjal Bhuyan and Justice N. Tukaramji overruled office objections on the writ petition and directed it to be numbered. Srinivas, a RTI activist, contended that there was major sand mining scam in areas that were under the said project. He asserted that after coming to know about the swindle, he made several representations to state authorities, including the state irrigation department, to enquire into the same. However so far, no action was seen forthcoming. The petitioner also sought investigation by a neutral agency. The bench will again hear the matter on September 15.
Railway official warned in contempt case
Justice P. Naveen Rao and Justice G. Radha Rani of the Telangana High Court voiced displeasure at the manner in which railway authorities were dealing with post-retirement benefits. The bench had summoned the senior divisional commissioner of South Central Railways (SCR). Earlier, the court disposed of the writ petition filed by the Union of India. The petitioner was working as a travelling ticket examiner (TTE). Disciplinary proceedings were initiated against him levelling two charges. The court set aside the punishment. The court on March 7 allowed the writ petition and required the authorities to settle retirement or service benefits payable to the employee till the date of his retirement from service or the date of demise and also settle pensionary benefits and/or death benefits and pay family pension and other benefits payable to the family of the deceased employee. Senior divisional commissioner Ram Babu was present in the court to purge himself of charges of contempt. He submitted that the due amounts due ave been calculated and more than half paid. The remaining will also be paid soon. The defence did not find the approval of the bench, which faulted the calculations and the inordinate delay. Speaking for the bench Justice Naveen Rao made it clear that if the decks are not cleared the route to the docks will be inevitable. It will take up the matter on July 11 for compliance.
HC refuses stay of asst. PF commissioner
A two-judge bench of the Telangana High Court on Thursday refused to interdict the transfer of the assistant provident fund commissioner from Madhapur to Thane. The bench, comprising Justice Abhinand Kumar Shavili and Justice N. Rajeshwar Rao, was hearing a writ plea filed by the affected transferee Hidayatullah Warsi. Earlier, he had unsuccessfully filed a petition before the Central Administrative Tribunal (CAT) challenging his transfer. He alleged, among other things, that the transfer was premature as he had not completed three years in the post. He also alleged that the transfer was malafide since the additional commissioner Vaishali Dayal had wanted the petitioner to get employment for her daughter and she bore a grudge as the petitioner had failed to do so. Initially, CAT had granted an interim order. It ruled that the allegations of malafide were not substantiated. The tribunal also ruled that transfer is an exigency of the servicer and does not call for interference. It was contended by the petitioner that the tribunal, while vacating the interim order and dismissing his case, had failed to consider the various aspects that were raised in the writ petition. The division bench admitted the writ for further consideration. However, the deputy solicitor general informed the court that the petitioner has since been relieved, and a new person has joined the officer. The bench accordingly admitted the petition but did not grant any interim orders.
