Show Comments ▼ More From Our Partners Killer drone ‘hunted down a human target’ without being told tonypost.comA ProPublica investigation has caused outrage in the U.S. this weekvaluewalk.comRussell Wilson, AOC among many voicing support for Naomi Osakacbsnews.comAstounding Fossil Discovery in California After Man Looks Closelygoodnewsnetwork.orgSupermodel Anne Vyalitsyna claims income drop, pushes for child supportnypost.comPolice Capture Elusive Tiger Poacher After 20 Years of Pursuing the Huntergoodnewsnetwork.orgInside Ashton Kutcher and Mila Kunis’ not-so-average farmhouse estatenypost.comBrave 7-Year-old Boy Swims an Hour to Rescue His Dad and Little Sistergoodnewsnetwork.orgNative American Tribe Gets Back Sacred Island Taken 160 Years Agogoodnewsnetwork.org Ad Unmute by Taboolaby TaboolaSponsored LinksSponsored LinksPromoted LinksPromoted LinksYou May LikeMisterStoryWoman Files For Divorce After Seeing This Photo – Can You See Why?MisterStoryUndoFinanceChatterViewers Had To Look Away When This Happened On Live TVFinanceChatterUndoTotal PastThe Ingenious Reason There Are No Mosquitoes At Disney WorldTotal PastUndoMoneyPailShe Was The Dream Girl In The 90s, This Is Her NowMoneyPailUndoSerendipity TimesInside Coco Chanel’s Eerily Abandoned Mansion Frozen In TimeSerendipity TimesUndoBrake For ItThe Most Worthless Cars Ever MadeBrake For ItUndoBetterBe20 Stunning Female AthletesBetterBeUndomoneycougar.comThis Proves The Osmonds Weren’t So Innocentmoneycougar.comUndoautooverload.comDeclassified Vietnam War Photos The Public Wasn’t Meant To Seeautooverload.comUndo whatsapp Tags: NULL Share Thursday 23 September 2010 7:44 pm whatsapp KCS-content Petrobras on track for its £50.4bn sale BRAZILIAN state oil company Petrobras has received more than enough investor interest to sell all the stock in the biggest share sale in history in an offer worth up to £50.4bn, two sources familiar with the situation said yesterday. The offer is “comfortably oversubscribed” with strong investor demand, said one of the sources, though is probably not two times oversubscribed given the size of the deal.A second source said heavy demand for shares was fuelled by the strong participation of state pension funds and institutional investors.A large slice of the offer – £27bn – will go to the Brazilian government, the company’s controlling shareholder, in exchange for 5bn barrels of oil in the newly discovered pre-salt oilfields, so called because they are trapped under several kilometres of seawater, rock and a hard-to-penetrate layer of salt.The company will use the proceeds to finance the world’s largest oil investment programme worth £143bn over the next five years. The programme will focus on Brazil’s vast deep water crude deposits that the South American nation hopes will turn it into a major energy exporter.The company plans to double current output to almost 5m barrels per day of oil equivalent by 2020.The issue will also go to reinforcing Petrobras’s balance sheet to keep its indebtedness within its self-imposed limit of 35 per cent of equity, thereby safeguarding its valuable investment grade rating with the world’s leading credit rating agencies. This month the firm filed to sell 1.59bn new preferred shares and 2.17bn new common shares – figures that do not include a “greenshoe” option that would expand the offer on extraordinary demand.The “greenshoe” option could take the offering to as much as £50.4bn.
Kenya Commercial Bank Limited (KCB.tz) listed on the Dar es Salaam Stock Exchange under the Banking sector has released it’s 2017 presentation results for the first quarter.For more information about Kenya Commercial Bank Limited (KCB.tz) reports, abridged reports, interim earnings results and earnings presentations, visit the Kenya Commercial Bank Limited (KCB.tz) company page on AfricanFinancials.Document: Kenya Commercial Bank Limited (KCB.tz) 2017 presentation results for the first quarter.Company ProfileKenya Commercial Bank Limited is a leading financial institution in Tanzania offering retail and corporate banking services as well as mortgages, treasury and Bancassurance services. Kenya Commercial Bank offers financial solutions ranging from current accounts, overdrafts and loans to fixed and short-term deposits, mortgage finance, trade finance and forex, and business investment accounts. The banking institution participates in investments in Treasury Bills and Bonds with the central banks. Wholly-owned subsidiaries in the banking group include Kenya Commercial Finance Company Limited, Savings & Loan Kenya Limited, Kenya Commercial Bank Nominees Limited, Kencom House Limited, KCB Tanzania Limited, KCB Sudan Limited, KCB Rwanda SA and KCB Uganda Limited. Kenya Commercial Bank Limited is listed on the Dar es Salaam Stock Exchange.
Frank Riggio-Preston says: Anglican Consultative Council, Rector Martinsville, VA Rector (FT or PT) Indian River, MI Submit a Job Listing Ya no son extranjeros: Un diálogo acerca de inmigración Una conversación de Zoom June 22 @ 7 p.m. ET ACC16, Episcopal Migration Ministries’ Virtual Prayer Vigil for World Refugee Day Facebook Live Prayer Vigil June 20 @ 7 p.m. ET Assistant/Associate Rector Washington, DC Canon for Family Ministry Jackson, MS Family Ministry Coordinator Baton Rouge, LA Submit a Press Release Rector and Chaplain Eugene, OR Tim Vann says: Curate (Associate & Priest-in-Charge) Traverse City, MI Rector Smithfield, NC April 30, 2016 at 8:16 pm The fact that the other primates felt they had the right to play God and sanction TEC still rankles me. I’d prefer that we leave the Communion rather than “walk with love”with hypocrites who don’t understand God’s love, with multiple wives, pushing discrimination, supporting sexual multilatiions, arresting sexual minorities, etc. Rector Knoxville, TN Featured Events Archbishop of Canterbury Justin Welby April 8 reports to the Anglican Consultative Council about the January meeting of the communion’s leaders – known as primates – during which those leaders called for consequences on the Episcopal Church for its decision to allow same-sex marriage. Photo: Mary Frances Schjonberg/Episcopal News Service[Lambeth Palace] Having come back from Lusaka on 20 April, after 16 days in Zambia and Zimbabwe, once again the experience of a big Anglican Communion meeting has had an impact on my thinking about the Communion. Featured Jobs & Calls Virtual Celebration of the Jerusalem Princess Basma Center Zoom Conversation June 19 @ 12 p.m. ET As usual, the impact is largely positive. Any time the Communion gets together, especially the Anglican Consultative Council (ACC) which has representatives from most provinces who are bishops, priests and laity, I am more and more struck that we hold together, more or less, despite our diversity, because of the work of God among us. God is at work in the Anglican Communion, and my awareness of that has grown a lot in the last month. There are plenty of problems, I’ll come to those in a moment, but the central news is that if God, by his Spirit, is working among us, that the future is one of hope, of purpose and of blessing in our call to fulfill the mission of God in the world.The challenges in Lusaka flowed from issues that we have been facing for many years, especially those around human sexuality, and most recently the decision of the Episcopal Church (TEC) to change its canon on marriage in order to accept same-sex marriage in its churches. It should be noted that at the same time they also decided to make provision for those who disagreed, and no diocese could be compelled to accept this change, nor can an individual priest.The Primates’ Meeting in January set out some consequences for any province, now or in the future, which goes out on its own on a significant matter without the support of the rest of the Communion. Provinces are autonomous and entitled to make their own decisions, but we are also inter-dependent, and although we can strike out differently to the rest of the Communion, and challenge the accepted principles of the Communion, if we do so, such action naturally has consequences. The consequences agreed by the primates in January are basically that such a province should not play a role in the leadership of the Communion for three years, and should not represent it ecumenically or on interfaith bodies.By receiving my report, which incorporated the Primates’ Communique, the ACC accepted these consequences entirely, neither adding to nor subtracting from them. There was no attempt during the meeting to increase the consequences or to diminish them. No member of TEC stood for office at the ACC elections. All this passed without a vote, as part of a block of motions agreed.So much for that issue, which has been much distorted in comments since the end of the ACC. The ACC also accepted and strengthened many of the other recommendations of the primates, especially those around the care for refugees and people involved in migration with human trafficking, the issues of religiously-motivated violence and interfaith conflict, climate change which affects many provinces most severely, and especially a profound commitment to evangelism.There was a lot of work on what it means to be safe churches, especially for children and vulnerable adults, and numerous other issues. The meeting was busy.But more than being busy, the meeting was joyful. The Province of Central Africa welcomed us most beautifully and on the first Sunday a service at the Anglican Cathedral in Lusaka was one of the most joyful I have ever attended. The following Sunday it was matched by a huge open air service in Harare, Zimbabwe.There was no hiding the fact that we had great differences, nor diminishing the sorrow that some provinces (Nigeria, Uganda and Rwanda) had chosen not to attend for reasons which I fully understand. I hope they are reassured by the conclusions we reached which fully backed up those of the Primates’ Meeting.Yet amidst the inevitable sorrow, and full of the joy of worshiping Christ our Savior together, there is this deep sense that we are called by God to be peace-makers between God and humanity through our evangelism, and a blessing to a world shaken by conflict, climate change and an incapacity to deal with the overload of information from technology, combined with the lack of relationship with which to interpret the information.The meeting was not all joy, they seldom are. But looking back, I am consumed again with gratitude to God for the privilege of being part of such unity in diversity. Missioner for Disaster Resilience Sacramento, CA April 29, 2016 at 10:50 pm The Archbishop’s statement that “[b]y receiving my report, which incorporated the Primates’ Communique, the ACC accepted these consequences entirely, neither adding to nor subtracting from them” is stunningly inaccurate, to the point of disingenuousness. The Primates asked that that the Episcopal Church, for a period of three years, “no longer represent us on ecumenical and interfaith bodies, should not be appointed or elected to an internal standing committee and that while participating in the internal bodies of the Anglican Communion, they will not take part in decision making on any issues pertaining to doctrine or polity.” But our representatives fully participated in discussions and decisions at the ACC. Is the Archbishop seriously suggesting than nothing at the ACC constituted “issues pertaining to doctrine or polity?” I strongly favor continuing in communion and respectful dialog with all, even those who think — as a gay man — I’m going to hell. But, to me, part of respect is being honest. An Evening with Presiding Bishop Curry and Iconographer Kelly Latimore Episcopal Migration Ministries via Zoom June 23 @ 6 p.m. ET AddThis Sharing ButtonsShare to PrintFriendlyPrintFriendlyShare to FacebookFacebookShare to TwitterTwitterShare to EmailEmailShare to MoreAddThis Associate Rector Columbus, GA Director of Administration & Finance Atlanta, GA Inaugural Diocesan Feast Day Celebrating Juneteenth San Francisco, CA (and livestream) June 19 @ 2 p.m. PT This Summer’s Anti-Racism Training Online Course (Diocese of New Jersey) June 18-July 16 Remember Holy Land Christians on Jerusalem Sunday, June 20 American Friends of the Episcopal Diocese of Jerusalem New Berrigan Book With Episcopal Roots Cascade Books Rector Collierville, TN Submit an Event Listing Director of Music Morristown, NJ The Church Pension Fund Invests $20 Million in Impact Investment Fund Designed to Preserve Workforce Housing Communities Nationwide Church Pension Group Holding together in diversity – reflections on the ACC meeting in Lusaka Assistant/Associate Rector Morristown, NJ Priest Associate or Director of Adult Ministries Greenville, SC Comments are closed. Assistant/Associate Priest Scottsdale, AZ TryTank Experimental Lab and York St. John University of England Launch Survey to Study the Impact of Covid-19 on the Episcopal Church TryTank Experimental Lab Rector Pittsburgh, PA Associate Rector for Family Ministries Anchorage, AK Rector/Priest in Charge (PT) Lisbon, ME Tags Bishop Diocesan Springfield, IL Randy Marks says: Rector Shreveport, LA Rector Hopkinsville, KY Join the Episcopal Diocese of Texas in Celebrating the Pauli Murray Feast Online Worship Service June 27 In-person Retreat: Thanksgiving Trinity Retreat Center (West Cornwall, CT) Nov. 24-28 Rector Albany, NY Rector Washington, DC Curate Diocese of Nebraska Associate Priest for Pastoral Care New York, NY Seminary of the Southwest announces appointment of two new full time faculty members Seminary of the Southwest Youth Minister Lorton, VA Priest-in-Charge Lebanon, OH By Archbishop of Canterbury Justin WelbyPosted Apr 29, 2016 Rector Belleville, IL April 30, 2016 at 4:10 pm “…an incapacity to deal with the overload of information from technology, combined with the lack of relationship with which to interpret the information”.What a huge statement of recognition. When relationships go sour, whether interpersonal, congregation, or corporate organization, communication is the first indicator of trouble and a first place to work for resolution and relationships of trust. With the important message that we Christians have to proclaim the Gospel of Good News at all levels of human life and in this age of media tech, we must be willing to engage these challenges.As an old grouch regarding tech, I am speaking to myself as well. Rector Bath, NC Comments (3) Episcopal Charities of the Diocese of New York Hires Reverend Kevin W. VanHook, II as Executive Director Episcopal Charities of the Diocese of New York Course Director Jerusalem, Israel Anglican Communion, Press Release Service Archbishop of Canterbury The Church Investment Group Commends the Taskforce on the Theology of Money on its report, The Theology of Money and Investing as Doing Theology Church Investment Group Rector Tampa, FL Cathedral Dean Boise, ID
ShareFacebookTwitterPinterestWhatsappMailOrhttps://www.archdaily.com/266930/guest-house-enrico-iascone-architetti Clipboard Projects Houses Italy Guest House / Enrico Iascone Architetti ShareFacebookTwitterPinterestWhatsappMailOrhttps://www.archdaily.com/266930/guest-house-enrico-iascone-architetti Clipboard “COPY” CopyHouses•Bologna, Italy CopyAbout this officeEnrico Iascone ArchitettiOfficeFollowProductsWoodConcrete#TagsProjectsBuilt ProjectsSelected ProjectsResidential ArchitectureHousesWoodHousesBolognaItalyPublished on August 31, 2012Cite: “Guest House / Enrico Iascone Architetti” 31 Aug 2012. ArchDaily. Accessed 11 Jun 2021.
Every kid who attends school in the United States is taught that the Supreme Court is one of the pillars of democracy, part of the system of “checks and balances” regulating the presidency and Congress.Trouble is, like the racist fable of the “first Thanksgiving,” it’s pure myth.In reality, the Supreme Court is a supremely undemocratic institution — its unelected members appointed for life, tasked with defending the interests of the minuscule class of big capitalist owners of high finance and industry from any challenge to their rule over the vast majority.The U.S. Supreme Court has been doing its job with a vengeance lately. In the last week of June, it upheld Donald Trump’s racist ban on travel from five Muslim-majority and two anti-imperialist countries, Venezuela and the Democratic People’s Republic of Korea. It gave its blessing to anti-abortion “counseling services” posing as reproductive rights clinics which lie to women. And it sided with bosses in the Janus case, striking a heavy blow against public employee unions and the whole labor movement.At the end of the court’s term on June 27, longtime Justice Anthony Kennedy announced his imminent retirement, thus opening the court for a replacement while Republicans have a majority of both houses of Congress. Coming after the string of attacks on workers and oppressed people, Kennedy’s announcement deeply alarmed many progressives, who fear Trump’s next pick will give the Supreme Court an unbeatable ultra-right majority.Kennedy seems an unlikely object for progressive mourning. A Reagan appointee, he put forth right-wing, racist and anti-worker positions over the years. As the Supreme Court and the U.S. political establishment shifted dramatically to the right after his 1988 appointment, Kennedy at times appeared more moderate, compared to the ultra-right headed by Chief Justice John Roberts. But though he sided with the more liberal wing of the court in defending baseline reproductive rights and upholding the right of same-sex marriage, Kennedy continued to help whittle away at people’s basic rights on many fronts.The panic accompanying Kennedy’s retirement shows a fundamental misunderstanding of the court and its role as an institution defending the capitalist system and the billionaire ruling class.Ultimately, it’s not who sits on the court that matters most. It’s the state of the class struggle.When the workers and oppressed are on the move and fighting back, the Supreme Court can be forced to grant concessions — sometimes substantial ones — regardless of who sits on it.That was the case when the court, faced with a rising fightback movement of African-American people, ordered desegregation of schools in Brown v. Board of Education in 1954, during the depths of the Cold War anti-communism.In 1973, a Supreme Court stacked with reactionary Republican appointees was forced to recognize women’s right to choose in the historic Roe v. Wade decision legalizing abortion. That victory was won by the rising women’s liberation movement and its allies in the Black, Puerto Rican, Chicano, LGBTQ, anti-war and other movements.Many workers and oppressed people are understandably worried by the prospect of a Trump Supreme Court appointment. But history shows that the answer is not panic, or desperate pleading with Democrats to bargain for a “lesser-evil” reactionary appointee acceptable to all ruling-class factions.The answer is to build a militant, independent struggle to defend im/migrants, the movement for Black Lives, women’s and LGBTQ people’s rights, and the rights of all workers.Or as labor martyr Joe Hill — a victim of the Utah version of the Supreme Court — told fellow workers before his execution in 1915: “Don’t mourn — organize!”FacebookTwitterWhatsAppEmailPrintMoreShare thisFacebookTwitterWhatsAppEmailPrintMoreShare this
Ag Secretary Sonny Perdue talked with Fox Business about some of America’s grievances with Canada being outlined in the North American Free Trade Agreement negotiations. Perdue said past trade deals lacked enforcement, so the president is sending a message to Mexico and Canada. “He’s serious about trade deficits,” Perdue stated. “He’s serious about keeping jobs in the U.S.,” Perdue said NAFTA benefits Canada more than America in several different areas. “The Canadian dairy management supply program is overproducing product,” he stated, “depressing milk solid prices around the world. There’s a wine issue in British Columbia. They aren’t letting our wines out front where customers can choose. There are poultry access issues, too.” Perdue said there are several things like this that were left out of the first NAFTA agreement that are creating access issues in Canada.Trump was outspoken against NAFTA during his presidential campaign, saying that the agreement has treated U.S. workers unfairly and has negatively impacted America’s manufacturing sector.Source: NAFB News Service Perdue Says NAFTA Benefits Canada More Than U.S. Previous articleU.S./Indiana Corn Supply Mostly Unchanged in Latest USDA ReportNext article Indiana Dept. of Agriculture launches conservation ‘one-stop’ NAFB News Service SHARE Facebook Twitter Home Indiana Agriculture News Perdue Says NAFTA Benefits Canada More Than U.S. SHARE By NAFB News Service – Oct 12, 2017 Facebook Twitter
GOP voters in Tarrant County set record for first-day voter turnout Twitter Linkedin ReddIt Jake Footehttps://www.tcu360.com/author/jake-foote/ ReddIt + posts Jake Footehttps://www.tcu360.com/author/jake-foote/ Abortion access threatened as restrictive bills make their way through Texas Legislature Fit Worth Corporate Challenge encourages fitness in the community Grains to grocery: One bread maker brings together farmers and artisans at locally-sourced store Jake Foote Facebook Jake Footehttps://www.tcu360.com/author/jake-foote/ Linkedin Jake Footehttps://www.tcu360.com/author/jake-foote/ Facebook UIL recognizing cheerleading as a sport, adhering to stricter concussion guidelines Twitter Previous articleGlobal Impact on Healthcare to feature panel of renowned professionalsNext articleStudent organizations collaborate to host cross-cultural game night Jake Foote RELATED ARTICLESMORE FROM AUTHOR printThe Fort Worth Transportation Authority will be holding two public meetings on Nov. 18 to present proposed recommendations to the city’s public transportation system. The recommendations will include the steps the city plans to take in the next five years in an effort to improve transit.The two meetings will take place at 11:30 a.m. and 5 p.m. on Wednesday at the Intermodal Transportation Center at 1001 Jones St. Each meeting will have displays for people to see and will contain the same information.The meetings come after months of feedback asking residents how to improve the city’s transportation services. The transportation authority has provided an online outlet for people to voice their concerns and opinions with the public transit in Fort Worth. They have also sent a special T bus to different locations throughout Fort Worth outfitted with laptops in attempts to gauge feedback.Fort Worth is also in the process of building a commuter rail. The proposed line is expected to be 27 miles, stretching from downtown to DFW airport.An existing list of current service conditions and potential improvements for transportation in Fort Worth can be seen in the T’s Transit Master Plan. Fort Worth set to elect first new mayor in 10 years Saturday Kickball tournament raises money to kick out cancer
News UpdatesAllahabad High Court Lays Down Procedure & Standard Of Evidence For Enquiry Into Criminal Antecedents Of A Candidate During Selection Process Akshita Saxena5 April 2021 2:51 AMShare This – xIn a significant judgment, the Allahabad High Court has laid down the procedure to be adopted by the competent authority for inquiring into the criminal antecedents of a candidate for the purpose of selection. A Single Bench of Justice Ajay Bhanot has elucidated the type of materials that may be considered by such authority, the standard of proof, and other aggravating/ mitigating…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginIn a significant judgment, the Allahabad High Court has laid down the procedure to be adopted by the competent authority for inquiring into the criminal antecedents of a candidate for the purpose of selection. A Single Bench of Justice Ajay Bhanot has elucidated the type of materials that may be considered by such authority, the standard of proof, and other aggravating/ mitigating factors for the purpose. The Bench has also made it clear that such inquiry is different from a trial/civil proceeding before a Court of law and hence, competent authority is not always bound by the findings of the court, nor is it invariably constrained by the opinion of the investigation officer. The order comes in a writ petition filed by one Sanny Kumar, aggrieved by an order passed by the Superintendent of Police, Jalaun, cancelling his selection as Constable in the UP Police, in the backdrop of several criminal cases pending against him. Arguments The Petitioner submitted that he had truthfully declared details of all the criminal cases pending against him in the affidavit of verification. He argued that he has not been chargesheeted in two cases, one of which he said is an offshoot of a matrimonial dispute of his brother. He further submitted that he was acquitted in one criminal case and in the absence of conviction by a court, appointment cannot be refused. The Standing Counsel for the State of UP on the other hand submitted that the Petitioner was named in multiple criminal cases. He was not acquitted honourably by the trial court in the first case. He was named in the FIR lodged in the other cases including one for an act of moral turpitude. It was submitted that the fact that the Investigation Officer did not chargesheet the Petitioner does not exonerate him, particularly, when trials are on foot. Findings At the outset, the Bench observed that the Police is a “disciplined force” which is charged with the duty to uphold the law and order in the State. Thus, personnel in uniform belonging to disciplined forces, are expected to bear impeccable character and possess unimpeachable integrity. In this backdrop, it observed that it is essential to examine the suitability of candidates for appointment. An important factor for determination of such suitability is the role of “Criminal Antecedents”. Nature of the proceeding/Scope of Enquiry into suitability for appointment “Determination of suitability of a candidate for appointment is an administrative decision which is part of the recruitment process. The process of evaluating suitability for appointment is not an adjudication of guilt or innocence as in a criminal case. Nor is it a quasi judicial process or a civil law proceeding.” Material for consideration by the authority The Bench observed that the material available before an authority to determine the suitability of a candidate may be either reliable and conclusive, or credible but probative. However, both kinds of material are liable to be considered. The Bench categorically held that material of probative value but credible worth is not to be discarded, and there is no impediment in its consideration. “One such source is the record of criminal proceedings against the candidate. The full inventory of material before the authority includes the F.I.R., the evidence collected during the criminal investigation, chargesheet submitted in court, evidence emerging during the trial, the judgment rendered by a court of law. On the foot of such material, the competent authority can make its decision on the fitness of the candidate for appointment,” it observed in the facts of the case. Method of Evaluation of Material/ applicability of Standards of evidence The High Court has held that a competent authority is not always bound by the findings of the court, nor is it invariably constrained by the opinion of the investigation officer. The reason for the same is as follows: Criminal prosecution of an individual before the court of law is to bring an offender of criminal laws to justice, and to punish the guilty. The object of the competent authority in a recruitment process is only to determine the suitability of a candidate to hold a public post. The order states, “The purposes of a criminal investigation, criminal trial, civil proceeding, departmental enquiry, are distinct from the rationale behind the exercise of verification of criminal antecedents of a candidate for appointment in a recruitment process. The nature of rights engaged in the respective proceedings are also different. The lattermost proceeding is an executive function, while former proceedings are judicial and quasi judicial in nature respectively.” The Bench has also held that strict rules of evidence, i.e. proof of guilt of the accused beyond reasonable doubt, apply to criminal prosecution. The competent authority on the contrary is not constrained by any such standard of evidence. It added that the rights of a government employee facing departmental proceedings are also significantly different from a candidate who is participating in a selection process. Thus, the evidentiary standard of preponderance of probability is not applicable to the proceedings which consider the suitability of a candidate before making the appointment. “Acquittal by the criminal court happens when evidence is not sufficient to sustain a conviction. Failure to prove an offence before a court of law in a 12 criminal trial may not reduce the probative value of said evidence before the competent authority in a recruitment process. Such evidence when placed before the competent authority may constitute credible material of probative value to render a candidate unsuitable for appointment. The scope of discretion of the competent authority will also depend on the nature of findings of the court on the same evidence,” the order stated. This also implies that an acquittal in a criminal trial simplicitor will not lead to an automatic discharge in departmental proceedings [RP Kapur v. Union of India]. Procedure for enquiry The Bench cautiously added that the conclusion of the competent authority is an estimation at best. Thus, it is the duty of an employer to evaluate the suitability of a candidate for appointment, paired with the right of the candidate for a fair consideration of his credentials. Towards this end, the employer may allow a candidate to present material in his defence. “The candidate can tender his defence to refute the aforesaid material and point out mitigating circumstances in his favour in the proceeding. When need arises fair and an impartial opportunity of hearing may be given to such candidate,” the Bench observed. Line of Enquiry- Aggravating Factors While the standards of proof that are applicable in judicial proceedings are not applicable in the suitability test, the Bench observed that the competent authority should see that the material in the record strongly supports the inference of criminal traits, or a tendency of involvement in criminal offences, or to directly engage in criminal acts or vice and violence in the conduct, while rejecting a candidature. It observed, “Regard has to be paid by the competent authority to the gravity and heinous nature of offences or offences involving moral turpitude. Such cases may dissuade the competent from approving the candidate for appointment. Multiplicity of criminal prosecutions is also a factor while considering the suitability of a candidate. Repetitive criminal acts may reinforce the inference of criminal traits or vice and violence in a candidate.” Line of Enquiry – Mitigating Factors As stated above, the line of enquiry shall extend to the consideration of mitigating factors in each case. The Bench observed, “Indiscretions of youth, and fallibility of human nature have to be accorded full weight. Fallibility of human nature is distinct from criminal traits in character. Depraved conduct is not youthful indiscretion. Trivial offences may often occur by human error and not perpetrated by a criminal mindset. Trivial offences may not invite invalidation of candidate. The competent authority has to determine where the threshold lies and draw the line in light of facts of each case.” The Bench also cautioned the competent authority to not neglect the “realities of social life” where filing of malicious cases and judicial delay is very much alive. It observed, “The practice of falsely framing young members of a family in trivial offences especially in villages is not uncommon. Prosecution in these offences is easily initiated and cases remain pending indefinitely…The employer has to be alert to these realities and factor them in the decision in the facts of a case.” On the merits of the instant case, the Bench observed that the impugned order need not be interfered with for the following reasons: There is no procedural impropriety committed by the authority while passing the impugned order.The procedure adopted by the competent authority while passing the impugned order is compliant with principles of natural justice.The petitioner was not acquitted honourably by the trial court in the first case.the case was not an isolated one. The petitioner was an accused in the FIR in a grave offence involving moral turpitude and the trial is underway.Allegations of sexual offences against children are most serious and cannot be lightly dismissed by any employer. These facts are liable to be factored in the decision and were legitimately considered in the impugned order. Case Title: Sanny Kumar v. State of UP & Ors. Click Here To Download OrderRead OrderNext Story
WhatsApp Letterkenny and its environs will be one of the first parts of the country to be serviced under the National Broadband Plan.The Irish Times is reporting that the locations of the first 35 network points have been revealed at a private industry meeting.The points, known as Optical Line Terminals will be spread across the country, more are located in the east and the midlands.This phase should be complete by the end of 2021. By News Highland – December 7, 2019 WhatsApp DL Debate – 24/05/21 Letterkenny included in first phase of National Broadband Plan Google+ RELATED ARTICLESMORE FROM AUTHOR Arranmore progress and potential flagged as population grows Loganair’s new Derry – Liverpool air service takes off from CODA Important message for people attending LUH’s INR clinic Twitter Pinterest Twitter News, Sport and Obituaries on Monday May 24th Previous articleTaoiseach won’t comment on January election speculationNext articleSt Conal’s patients’ memorial event at Leck is postponed News Highland Homepage BannerNews Google+ Facebook Pinterest Facebook Nine til Noon Show – Listen back to Monday’s Programme