[IAC#RG] ENACTMENT - RAJASTHAN SOCIAL ACCOUNTABILITY BILL, 2018

Shree  Ashok Gehlot

Hon'ble Chief Minister

Rajasthan,

Jaipur

 

Sir

ENACTMENT - RAJASTHAN SOCIAL ACCOUNTABILITY BILL, 2018

Thanks for the steps taken by you to heal up the wounds given by Bureaucracy of the State to Public in General, and specially to weaker sections. But I have a little different view on the subject looking to the outcome of the laws passed by your esteemed Government earlier, and the benefits to public.

You had enacted The Rajasthan Right to Hearing Act, 2012 and Rajasthan Guaranteed Delivery of Public Services Act 2011 which gave no virtual solace to public except performance of some rituals. You will please agree that Bureaucracy of the Country functions in a purely autocratic manner, and do give nothing to public in the name of relief. One has to run from pillar to post for redressal. The misuse of protection given by Constitution and Section 197 of Cr. P. C. are the greatest hurdle in visualizing true democracy. No such immunity is available in other democratic countries like US, UK etc. since it offends the Right to Equality- the very fiber of Constitution. The Bureaucracy has a very tight but strong grip on the democratic tools in India. No public voices are heard and they turn total blind eye to public grievances unless forced by hook or crook. The bureaucracy has turned out an unbridled horse. The acts enacted earlier by you have turned merely show pieces and redundant for public. Government of Manipur has also enacted "Public Servants Liability Act, 2006" earlier.

The hierarchy of the Government Machinery protects each other and no relief is given in general by any superior authority in appeal against any unlawful order, fancy, vices or whims of a junior. The juniors are the earning instruments of the seniors. They function in a league to protect each member of this DON EMPIRE.  Otherwise enactment of such law was not desirable at all since the superior authority might have granted relief in even administrative capacity. They are bound by ties of a kind of brotherhood. (वे सभी आपसे में पेटी बंद भाई होते हैं)

I would like to say that section 85 of the proposed Act which extends protection for acts done in good faith is unnecessary and uncalled for. The acts done in good faith are already protected subject to limits and the public servants do not deserve to any such blanket protection. Instead it, the section must be replaced or alternatively a new section to read as under should be inserted in the Bill to give relief in true sense.

85. (1)  All the Public Servants functioning or purported to be functioning under the Act will be responsible for propriety, lawfulness, fairness, timeliness and correctness of his all actions, inactions, orders and decisions taken by him.

      (2)  A public man aggrieved from any improper, unfair or unlawful action or decision of any public servant under this Act will be compensated by Government adequately.

     (3) Government reserves right to recover the compensation money paid under section 85(2) from the delinquent public servant.

 

I think you will please find my suggestions helpful in strengthening democracy at least in the state otherwise the proposed bill in the present form will not be helpful to any citizen.

 

I shall be glad to know the action taken by you in this behalf.

 

Sincerely yours                                                                    Date-9.4.2019

 

MANI RAM SHARMA

ADVOCATE

NAKUL NIWAS

BEHIND ROADWAYS DEPOT

SARDARSHAHAR-331403

DIST- CHURU (RAJ)

M-9001025852

EMAIL- maniramsharma@gmail.com