1984 riots: Delhi court directs CBI to expedite investigation in Tytler case

A Delhi Court Thursday directed CBI to expedite investigation into a 1984 anti-Sikh riots case in which Congress leader Jagdish Tytler has been given clean chit for his alleged role, saying that the matter is of sensitive nature.

CBI informed Additional Chief Metropolitan Magistrate Amit Arora that lie detector test of controversial businessman Abhishek Verma, who volunteered to support the case by deposing as a witness, was conducted last December but that report could not be finalised due to non-availability of scientists.

The court asked the Forensic Science Laboratory (FSL) to expedite the process of finalising the report and granted it two weeks time and listed the matter for hearing on March 8.

Filing a regular status report, in a sealed cover, on further investigation in the case the CBI also informed the court that they had received some queries from the Canadian government to which they have replied and are not waiting for the response.

The court had earlier asked the CBI to write to the Canadian high commission in New Delhi for information regarding the case

as one of the key witnesses has been residing in Canada.

Senior advocate H S Phoolka, who has been representing the riots victim, has claimed that witnesses were influenced and there was evidence of one of the key witnesses being sent to Canada, allegedly at the behest of Tytler and they would try to bring him back.

He had told the court earlier that Tytler had sent Narinder Singh, son of witness Surinder Singh, to Canada and through him the Congress leader was putting pressure on his father to change the statement and depose in his favour.

In June 2015, Verma had deposed before the CBI that Tytler had told him in 2008 he had met the then Prime Minister Manmohan Singh after which he got a clean chit by the CBI over his alleged role in the riots case.

In his statement as a witness recorded by the CBI during a probe, Verma, an accused in the naval war room leak and other cases including cheating and forgery, had said Tytler had also told him that a deal was struck and a hefty amount was paid to a riots case witness, who had deposed against him.

The CBI’s move seeking permission to conduct polygraph test on Tytler and Verma had come in view of the court’s December 4, 2015 order in which it was mentioned that the lie-detection test may be conducted, if required.

Tytler had refused to undergo the polygraph test.

The case pertained to the riots at Gurudwara Pulbangash in North Delhi where three people were killed on November 1, 1984, a day after the assassination of Indira Gandhi by her Sikh bodyguards.

The victims had filed a protest petition challenging the CBI’s closure reports in the case.

The court had in December 2015 directed the CBI to further investigate the matter and said it would monitor the probe every two months to ensure that no aspect is left uninvestigated.

The agency had reinvestigated the case of killing of Badal Singh, Thakur Singh and Gurcharan Singh near the Gurudwara after a court in December 2007 refused to accept its closure report. The CBI has filed three closure reports in the case.

Employee can’t escape recovery of excess payments: SC

madras hcThe Supreme Court has said that even after retirement from service, an employee can’t escape the recovery of the excess amount that is credited due to an error in salary calculations. Rejecting the submission that no amount should be recovered from the excess salary paid to employees, the apex court bench of Justice Anil R. Dave and Justice Dipak Misra said, “…if any amount had been paid due to mistake, the mistake must be rectified and the amount so paid in pursuance of the mistake must be recovered”.
“It might also happen that the employer might have to pay some amount to the respondent as a result of some mistake and in such an event, even the appellant (employer) might have to pay to the respondent (employee),” said Justice Dave in the judgment pronounced on Friday.
Employee can’t escape recovery of excess payments: Supreme Court Employee can’t escape recovery of excess payments: Supreme Court “Be that as it may, upon settlement of the account, whatever amount has to be paid to the respondent employee or to the appellant employer shall be paid and the account shall be adjusted accordingly”, the court said setting aside a Punjab and Haryana High Court order.
The apex court said this while allowing an appeal by Chandigarh administration challenging the March 20, 2008 decision of Punjab and Haryana High Court by which it had allowed the plea of Gurcharan Singh against the recovery of excess of money that was paid to him due to erroneous fixation of his salary by the Chandigarh Transport Undertaking where he had worked as a clerk.
Gurcharan Singh had moved the High Court after his plea against the recovery of excess money was junked by the Central Administrative Tribunal Jan 4,2002. Singh, who had served as Combatant Clerk, was discharged from the army January 31,1990.
He got employed with Chandigarh Transport Undertaking April 15, 1990 against ex-servicemen quota. Two years later, he got his pay that was fixed by an order of September 2,1992. Upon his retirement, it emerged during an audit that his pay was wrongly fixed by the communication of September 2. On retrospective re-fixation of his salary, it emerged that he was paid excess payment and same were sought to be recovered.
(Source: IANS)