Breather for TS BJP spokesperson
T Sujan, counsel for the petitioner, argued that the charges in the complaint were false, fictitious, frivolous, malicious and vexatious
Published Date - 7 October 2020, 12:03 AM
Hyderabad: Justice K Lakshman of the Telangana High Court restrained police of PS Raipole in Siddipet district from taking any coercive steps, including arrest of BJP spokesperson M Raghunandan Rao. The petitioner contended that a false complaint was lodged against him by one V Bhavani complaining of cheating, criminal breach of trust, dishonest inducement and other offences. T Sujan, counsel for the petitioner, argued that the charges in the complaint were false, fictitious, frivolous, malicious and vexatious. It was pointed out to the court that while all the allegations are against another accused, the petitioner is drawn in by a single line reference that the accused was made to talk to the petitioner. At the instance of the public prosecutor, the matter was adjourned to October 8.
Mixed verdicts for Diet contractor
A two-judge panel of the Telangana High Court, comprising Chief Justice Raghvendra Singh Chauhan and Justice Vijaysen Reddy, on Tuesday set aside the order of cancelling the contract of the Diet contractor for Gandhi Hospital. The panel, however, refused the same legal benefit in the case of Niloufer Hospital. It was dealing with the writ petitions filed by the Diet contractor against the administration of Nilofer Hospital, Chest Hospital and Gandhi Hospital on the question of arbitrary termination of the contract. The court, while looking into the matter concerning Gandhi Hospital, observed that the contract between the Diet contractor and the hospital subsisted till September 30, 2021, and had been terminated prematurely on unjustifiable grounds. It pointed out that the contract cannot be arbitrarily terminated before the date of its natural termination period merely at the behest of higher authorities.
Counsel for Gandhi Hospital Radhive Reddy pointed out that complaints had been received against the petitioner for the quality of food being provided to Covid patients. The court took notice of the letter issued by Gandhi on August 20 acknowledging that the contractor had rectified the issues mentioned in the complaints prior to the date. It observed that the action being taken by Gandhi Hospital without providing the diet contractor an opportunity to appear and be heard before the internal committee was violative of the Doctrine of Fairness.
The court recalled the jurisprudence of Supreme Court judgments in matters concerning labour contracts where one party was being discriminated against and referred to such arbitrary action to resemble the Henry VIII clause, which refers to the draconian laws in England which were struck down. The court suggested the filing of De Novo charges for any complaints received post the acknowledgment of rectifications issued. In a separate PIL filed concerning the contract between the party and Chest Hospital, it observed that unlike the previous matter, the contract period had expired and similar contentions could not be placed before the court.
Power firm challenges rejection
Justice K Lakshman allowed a writ petition filed by NVNR Ramannapet I Power Plant Private Limited. The petitioner filed the writ to declare the rejection order issued by the Chief General Manager of Telangana State Southern Power Distribution Company for not extending the time for completion of 15 Mw solar power project of the petitioner as it was not commissioned by January, 2018, without reference to the non sanctioning of estimate for evacuation of power in time by the competent authority. The judge allowed the writ petition thereby extending the time by 6 months on providing bank guarantee.
Case against GST officials
A two-judge panel, comprising Justice MS Ramachander and Justice T Amarnath Goud, reserved verdict in a writ plea complaining about high handed action by the Delhi wing of GST officers. Directors of MS Agarwal Foundries, which makes TMT steel, complained that the officials raided their office and also residents on December 11, 2019. The petitioners said family members not connected with the business were forced to accompany them to the office and that Directors were physically assaulted. They pointed out that the authorities issued summons at midnight requiring the company officials to be present within half an hour when they were already present. The petitioners sought a declaration that the entire action was in violation of fundamental rights. Senior Counsel S Niranjan Reddy said even when anticipatory bail was granted to the petitioners, the lower court noticed that the criminal case filed by the GST authorities was but a counterblast to the criminal case initiated by the petitioner against the officers.
No social media platforms on writ plea
A two-judge panel of the AP High Court comprising Justice Rakesh Kumar and Justice Uma Devi, deleted the presence of various social networking platforms from the writ petition filed by the High Court. Earlier the High Court in a rare occurrence moved the same court questioning the inaction of the authorities in properly investigating a complaint related to defamatory and incriminatory posts against judges and the High Court. The panel heard a group of senior counsels, including Mukul Rohatgi, Harish Salve, Kapil Sibal, Sajan Poovayya, L Ravichander S Niranjan Reddy, the Advocate General of Andhra Pradesh and the Additional Solicitor General. The senior counsels appeared for various social media including Twitter, Facebook, Instagram, Google and Youtube. The panel found reason in the collective plea of the said counsels that in its present structure, the writ petition did not require the said social networking platforms to be a part of the ongoing list. The panel, however, made it clear that if and when it becomes necessary notice can be ordered afresh. It also made a request to the various platforms to remove such posts in accordance with the law.
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