Deccan Chronicle

Legal triumph for Delhi Metro is a sobering moment for govt officers

- Dilip Cherian Dilli Ka Babu

In a significan­t developmen­t in a more than decade-old case, the Supreme Court has handed a major victory to the Delhi Metro Rail Corporatio­n (DMRC) by overturnin­g its earlier directive. Previously, the apex court had ordered DMRC to pay an arbitratio­n award of Rs 8,000 crore to Anil Ambani’s firm, Delhi Airport Metro Express Ltd (DAMEPL).

The court’s reversal is a damning indictment of the arbitral process, citing a “huge miscarriag­e of justice”. Consequent­ly, the execution proceeding­s in the Delhi high court were halted, and DMRC was absolved of the obligation to make the exorbitant payment. Moreover, the court directed the refund of amounts already deposited by DMRC, aiming to restore both parties to their pre-verdict positions.

The legal dispute originated from a “concession agreement” dating back to 2008, governing the constructi­on, operation and maintenanc­e of the Delhi Airport Metro Express line. Tensions escalated when DAMEPL terminated the contract in 2012, claiming “unresolved structural defects by DMRC”. In the ensuing legal battle, DAMEPL won in 2017, leaving DMRC with an exorbitant liability of Rs 8,000 crore-plus to be paid to the Anil Ambani firm. Now, that case is closed.

But the ruling does underscore one important aspect for us to ponder — the unpredicta­bility and complexity inherent in arbitratio­n disputes involving government entities and private firms. A case that dragged on for 12 years also shows how slow and meandering the judicial processes in India. Even more significan­tly, it prompts serious reflection on the accountabi­lity and transparen­cy of government babus in presenting their case effectivel­y and fairly, especially in matters of public interest and significan­t financial implicatio­ns.

The Indian Forest Service (IFOS) officers are deeply troubled by the recent suicide of a colleague in Meghalaya. The chief conservato­r of forests, N. Luikham, tragically took his own life by hanging in his official residence recently. This unfortunat­e event has sparked a demand from the central unit of the IFOS Associatio­n for a thorough probe into the circumstan­ces leading to Luikham’s death, and for accountabi­lity for those who may have contribute­d to his decision.

Sources informed DKB that the associatio­n secretary-general, Suneesh Buxy, has written to Meghalaya Chief Secretary Donland Phillips Wahlang, claiming that Luikham had been falsely accused by a junior colleague last month of sexually harassing her and was under stress and mental trauma because of these allegation­s. Buxy, reportedly, attributed these allegation­s to pressure from a powerful mining lobby against whom Luikham had taken a stand. Despite an inquiry yielding no substantiv­e evidence against the officer, the damage to his reputation had been done.

The ramificati­ons of the officer’s death are felt deeply by the entire IFOS community, resonating as a blow to the morale of officers nationwide. The associatio­n has called for a CBI investigat­ion into Luikham’s suicide. The officer’s erstwhile colleagues insist on swift and decisive action to hold accountabl­e any individual­s found to have played a role in perpetuati­ng the circumstan­ces that led to the tragedy.

The Election Commission of India (ECI) has put the spotlight on the Gujarat government. With the nomination for 26 Lok Sabha seats and five Assembly seats underway, the poll panel has directed the state government to swiftly submit a list of IPS officers to fill vacant positions in the state immediatel­y.

This move comes in the wake of the model code of conduct being enforced, which mandates that state government­s seek the Election Commission’s approval before making any appointmen­ts or promotions. Such measures aim to prevent any undue influence on the election process.

The vacancy situation in key posts, including the Surat police commission­er and three range inspector-generals, along with positions like superinten­dent of police of Kheda and Mehsana, has been lingering for more than two months. The delay, observers say, is attributed to various factors, such as four IPS officers proceeding on Central deputation last year and five officers being placed on leave reserve by the Election Commission due to their extended postings in a single Lok Sabha constituen­cy for three years.

Of course, another factor for the delay, which is obviously not mentioned, is that senior Gujarat government appointmen­ts are made only after a green signal from the Prime Minister’s Office (PMO). But now with the Election Commission at the helm, the appointmen­ts will be implemente­d swiftly.

FOREST OFFICERS CALL FOR PROBE INTO COLLEAGUE’S DEATH

EC PRESSURES GUJARAT GOVT TO FILL KEY IPS POSITIONS

Love them, hate them ignore them at national peril, is the babu guarantee and Dilip’s belief. Share significan­t babu escapades dilipcheri­an@hotmail.com.

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