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Wednesday, Jan 26, 2005

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Nalini Netto's petition dismissed

By Our Staff Reporter

KOCHI, JAN. 25. Justice K. Padmanabhan Nair today dismissed at the admission stage itself a petition filed by Nalini Netto, IAS, seeking a direction for transferring the sexual harassment case against the former Minister A. Neelalohithadasan Nadar to the Additional Sessions Judge. According to the petition, the judge, before being promoted as sessions judge, had worked as Judicial First Class Magistrate III, Thiruvananthapuram, and almost completed the trial in the case.

The court had earlier set aside the magistrate court's order closing the proceedings relating to taking evidence from the defence witness in the case. The court had directed the Judicial First Class Magistrate II to examine the witness who was working abroad if he appeared before the magistrate. The direction was issued to the magistrate court II as the magistrate III had been promoted as sessions judge.

Fiat to Government

A Division Bench of the Kerala High Court today ordered that the Government report the 19 vacancies in the post of Excise guards in Kottayam district to the Public Service Commission.

The Bench comprising the Chief Justice, B. Subhashan Reddy, and Justice A.K. Basheer, issued the direction when an appeal filed by the Government and the Excise Department against a single judge order came up. The single judge had asked the Government to report the existing vacancies to the commission. The Government pleader submitted that there were only two posts of excise guards lying vacant and that had been reported to the commission.

The court, while granting the Government two weeks' time to report the vacancies, observed that the contention of the Government and Excise Department that 19 vacancies out of 21 did not exist could be kept for adjudication. The court made it clear that the 19 vacancies need not be advertised for appointment pending disposal of the appeal.

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