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Saturday, November 5, 2011

Sounding Board : Servicemembers’ Grievance Redressal Bill and Citizens’ Right to Grievance Redressal Bill

About four years back, I was asked to present a draft on a proposal for a “Servicemembers’ Redressal of Grievances Act”. The outline, alongwith a presentation was also placed on this blog in May 2008.

As expected, it never saw the light of the day and still remains glued to some office table somewhere in our Capital.

However, it is interesting to observe that the Govt has come out with a draft on a “Citizens’ Right to Grievance Redress Act” which reflects an uncanny sounding board to the above idea which was restricted to personnel serving under military law.

The draft of the Servicemembers’ Redressal of Grievances Bill may be compared with the Govt’s Citizens’ Right to Grievance Redress Bill.

The complete post on the issue on this blog posted in May 2008 can be accessed by clicking here. The webpage initiated by the Govt on the proposed Bill can be accessed by clicking here. In fact, the Govt has invited suggestions on the subject which can be forwarded by 23 Nov 2011. Readers are requested to minutely go through the Govt draft and forward points for the consideration of the Department of Administrative Reforms and Public Grievances.

By the way, this blog has crossed the 4 million hit mark.

7 comments:

Anonymous said...

CONGRATULATIONS for HITTING 4 Million mark. U deserve all the kudos. Luv n regards DOCTOR.

Anonymous said...

In the draft Bill 2011. Head of Deptt. should be the first Appellate Authority similar to RTI Act and NO more. He must not be given powers vide CPC 1908. Section 47 stating bar on courts must be removed.it goes against the Art. 226 of the constitution of India. Section 49 -Protection= Action done in Good faith is the fundamental reason for all the problems of the citizen. It must be removed or suitably worded so that official do not take shelter under this section, by saying action was done in good faith. There must be severe penalty if an official gives an arbitrary statement/ order in contravention of the law/regulations prescribed. because the citizen is then forced to get the illegal order reversed at cost and time through courts. Navdeep is the best person to suggest the best, to have a real Act to remove grievances.

Ex Sgt M Arumugam said...

Dear Sir, Well deserved target.Our heartfelt congratulation and facilitations to your Service rendered to the forgotten veterans of this Nation. Ex Sgt M Arumugam

Anonymous said...

CONGRATULATIONS KEEP GROWING AND TAKE US ALONG AS ALWAYS...

Lt Col (Retd) A N Ramachandran said...

Dear Maj Navdeep,
Congratulations for hitting the 4 millionth mark and beyond.Your blog is a source of great illumination on matters of immense concern to all the veterans.Thank you very much indeed.

Col NR Kurup said...

I had sent following comments on the Draft “Citizens Right to GrievanceRedress Bill, 2011” As hitherto been I don't think the govt bother. This is only a window dressing.

1. Add definition to following terms also to Section 2 as
(m) Maladministration
(n) Allegation
(o) Grievance
(p) Grievance Redress
(q) Third Party
(r) Final disposal Report
(s) Corruption
(t) Undue influence.
(u) Act done in good faith

2. Add following as Section 2(K)(iv)(F)Any non-government Organization
who has been allotted government land or land acquired by government
or provided any infra-structure facilities free or subsidized or
under any special provision by government

3. Add following to Section 4(1): “ In case of failure of any public
authority to publish its Cityzen Charter and Grievance Redressal
Officer within 6 months as specified, relevant provisions of
systems/practice of Citizen Charter of Grievence Redressal system
published by any other public authority of the State as chosen by the
Complainant will be deemed to have come into force in the defaulted
public authority in dealing with the complaint of that particular
Complainant

4.Add following to Section 7(1). “When no such officer is appointed in
such administrative unit the Officer immediately Unior to the Head of
Office present on duty of that particular administrative Unit is
deemed as the Grievance Redressal Officer of that administrative unit
automatically.

5. Add following to Para 9(4). “ This report should include Grievance
Redress Officer’s observations he has made to the Head of Department
recommending the penalty to be imposed. “

6. The empowerment of authorities with power vested in a civil Court
under Code of Civil Procedure 1908 stipulated in Sections 11(3)I,
21(1) and 38(1) is not enforceable on the Complainant/Appellant or
their representatives but only to the Respondent/ other members of
public authorities and third party/parties connected with it.

7. Add following as Section 43(4): “The Grievance Reddressal Officer
or Head of Department acting as Appellate Aujthority or The State
Public Grievence Redressal Commission or the Central Public Redressal
Commission while dealing with the complaint will ensure that under no
circumstances a Complainant or Appellant or any of his representative
is compelled to be present outside the geographical jurisdiction of
Complainant’s home district as specified by him in his Complaint or
made to sustain any loss/damage for failure to be present/represented
in such outside district proceedings”.

8. Add following as Section 45(3): All Penalty/punishment awarded
should be recorded in the Service Book of the incumbent concerned
within 7 days under intimation to the awardee and fact report to the
Head of Department.

9. Add following as Section 54: “During the enquiry proceedings if any
of the witnesses make any statement refuting the alleged complaint as
false, it is deemed as the witness is making an allegation that the
Complaint/part of the complaint is false and amount to character
assassination of the Complainant. In such cases the witness who made
such statement be made to repeat the same in the presence and hearing
of the complainant and Complainant be given opportunity to cross
examine the witness who made such statement of character assassination
and fact recorded

10. Add following as Section 55: “ Advocates are forbidden from
representing Complainant and Respondent unless the Complainant himself
is a practicing Advocate.”

Col NR Kurup (Retd),
Deepam, Mutteri Madham,
Chettemcoon, Tellicherry-670101
Kerala

9847128960

Anonymous said...

GOVERNMENT HAS TO APPEAL TO DELHI HIGH COURT & NOT TO SUPREME COURT DIRECTLY IN RESPECT OF PRE-2006 PENSIONERS CASE BUT GOVERNMENT HAS TILL NOW NOT APPROACHED ANY COURT , I AM CLOSLY MONITORING THIS CASE.
FOR FURTHER DETAILS & JURISDICTION OF COURTS PLEASE REFER MY BLOG
ex-airman.blogspot.com