{"id":92583,"date":"2016-11-29T00:35:03","date_gmt":"2016-11-29T00:35:03","guid":{"rendered":"http:\/\/151.106.38.4\/2016\/11\/29\/restore-original-status-of-svc-ntc-tells-chief-secy\/"},"modified":"2016-11-29T00:35:03","modified_gmt":"2016-11-29T00:35:03","slug":"restore-original-status-of-svc-ntc-tells-chief-secy","status":"publish","type":"post","link":"https:\/\/nagalandpost.net\/index.php\/2016\/11\/29\/restore-original-status-of-svc-ntc-tells-chief-secy\/","title":{"rendered":"Restore original status of SVC: NTC tells chief secy"},"content":{"rendered":"<p><img src=\/old_site\/><\/p>\n<div>Nagaland Tribes Council (NTC) urged upon state chief secretary (CS) to restore original status of State Vigilance Commission (SVC) at the earliest in line with the judgment and order of the Gauhati High Court, Kohima Bench passed on November 22.<\/div>\n<div>The Gauhati High Court, Kohima Bench after considering all aspects of the matter set aside and quashed the impugned resolution dated June 8, 2016 of the state government that modified all previous resolution and notifications concerning SVC.&nbsp;<\/div>\n<div>PIL was filed by Theja Therieh, convenor, SVC and chairman media cell, NTC; Zhovehu Lohe, advisor NTC and Er. Talituba Sanglir, member SVC challenging the validity of the government resolution dated June 8, 2016.<\/div>\n<div>NTC while enclosing a copy of the Gauhati High Court\u2019s judgment and order to chief secretary highlighted some important issues considered by the Court in the interest of the parties.<\/div>\n<div>&nbsp;It reminded on the Para 16 of the Judgment and Order, which the court had noted the jurisdiction and powers of SVC (resolution dated 9\/4\/1976), to enquire into the complaints of corruption, misconduct, and lack of integrity or other kinds of malpractices or misdemeanours on the part of public servants including members of All India Services.&nbsp;<\/div>\n<div>Similarly, at para 17 of the order, the court stated that the State respondents have not modified the meaning of public servant \u201cwhich runs contrary to the statute\u201d.&nbsp;<\/div>\n<div>Here, NTC quoting court\u2019s order said that the notification dated 15\/6\/1976 which declared SVC as Police Station was still in force till date and another notification dated 9\/12\/1976 which directed Director of Vigilance &amp; Anti-corruption Nagaland to act as officer in charge of the Police Station (Vigilance) also was still in force. Therefore, with the issuance of the notifications dated 15\/6\/1976 and 9\/12\/1976, the SVC has been exercising its powers and jurisdiction as provided under the appropriate statute as enacted by the Parliament. In the light of the above, the court concluded that the State respondents could not have modified the meaning of public servant.<\/div>\n<div>Furthermore, at para 18, the court had clearly stated that by an executive decision, the functions of the SVC cannot be curtailed or curbed.&nbsp;<\/div>\n<div>And as such the impugned resolution dated 8\/6\/2016 issued by the chief secretary was only by executive decision, and SVC already declared a Police Station and Director of Vigilance &amp; Anti-corruption directed to act as officer in charge of Police Station (Vigilance), NTC said to curtail or curb the functions of the SVC on the basis of an executive decision was not tenable in law and the executive cannot be allowed to tinker with the provisions of any statute passed by the Parliament.<\/div>\n<div>Further, the court after examining the Clause 2 &amp; Clause 3 of the impugned resolution dated 8\/6\/2016, had summed up that SVC would be subjected to political and bureaucratic control and influence, which meant that chief secretary should decide whether or not the SVC would start an enquiry or investigation against the corrupt officers, NTC said.<\/div>\n<div>Therefore, NTC demanded necessary action from the chief secretary on the matter.<\/div>\n<div>ACAUT hails HC judgement: ACAUT hailed the judgment of Gauhati High Court, Kohima Bench in restoring the legal powers of the State Vigilance Commission (SVC) and termed the move as a significant landmark in the fights against corruption. Since, the court has directed that SVC should re-open all investigations affected prior to June 8, 2016, ACAUT media cell said the time has come for the government to realise that the \u201ckhushi-khushi days\u201d are over.&nbsp;<\/div>\n<div>It also lauded Nagaland Tribes Council for filing the PIL challenging the validity of the govt. resolution dated June 8, which \u201ccastrated\u201d the powers of SVC and \u201creduced it to a mere facade for the government\u201d.&nbsp;<\/div>\n","protected":false},"excerpt":{"rendered":"<p>Nagaland Tribes Council (NTC) urged upon state chief secretary (CS) to restore original status of State Vigilance Commission (SVC) at the earliest in line with the judgment and order of the Gauhati High Court, Kohima Bench passed on November 22. The Gauhati High Court, Kohima Bench after considering all aspects of the matter set aside [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[679],"tags":[],"class_list":["post-92583","post","type-post","status-publish","format-standard","hentry","category-nagaland-news"],"_links":{"self":[{"href":"https:\/\/nagalandpost.net\/index.php\/wp-json\/wp\/v2\/posts\/92583","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/nagalandpost.net\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/nagalandpost.net\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/nagalandpost.net\/index.php\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/nagalandpost.net\/index.php\/wp-json\/wp\/v2\/comments?post=92583"}],"version-history":[{"count":0,"href":"https:\/\/nagalandpost.net\/index.php\/wp-json\/wp\/v2\/posts\/92583\/revisions"}],"wp:attachment":[{"href":"https:\/\/nagalandpost.net\/index.php\/wp-json\/wp\/v2\/media?parent=92583"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/nagalandpost.net\/index.php\/wp-json\/wp\/v2\/categories?post=92583"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/nagalandpost.net\/index.php\/wp-json\/wp\/v2\/tags?post=92583"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}