Draft Jan Lokpal Bill - part 6
Grievance Redressal Systems21. Citizens’ Charters: (1) Each public authority shall be responsible for ensuring the preparation and implementation of Citizens Charter, within a reasonable time, and not exceeding one year from the coming into force of this Act.
(2) Every Citizens Charter shall enumerate the commitments of the respective public authority to the citizens, officer responsible for meeting each such commitment and the time limit with in which the commitment shall be met.
(3) Each public authority shall designate an official called Public Grievance Redressal Officer, whom a complainant should approach for any violation of the Citizens Charter.
Provided that a public authority shall appoint at least one Public Grievance Redressal Officer in each station, where they have an office.
Provided further that the Public Grievance Redressal Officer shall either be Head of that Department or an officer not more than one rank below him but if that station does not have a Head of Department in any station, the seniormost officer in that station shall be appointed as the Public Grievance Redressal Officer.
(4) Every public authority shall review and revise its Citizens Charter at least once every year through a process of public consultation to be held in the presence of Chief Vigilance Officer in that public authority.
(5) Lokpal may direct any public authority to make such changes in their citizens’ charter as are mentioned in that order and that public authority shall make such changes within a week of receipt of such order.
Provided that such changes shall have to be approved by at least a three member bench of Lokpal.
Provided further than such changes should not increase the existing time limits or reduce the number of items in citizen’s charter.
21A. Receipt and disposal of Grievances: (1) The Chief Vigilance Officer of any public authority shall declare such number of Vigilance Officers, as it deems fit, to be known as Appellate Grievance Officers, to receive and dispose grievances related to that public authority.
(2)If a citizen fails to receive satisfactory redressal to his grievance within a month of making a complaint to Public Grievance Redressal Officer, can make a complaint to Appellate Grievance Officer.
Provided that if Appellate Grievance Officer feels that considering the gravity or urgency of the grievance, it is necessary to do so, he may decide to accept such grievance earlier also.
(3) If the complaint does not relate to an issue mentioned in Citizen’s Charter of that public authority, the Appellate Grievance Officer, within a month of receipt of complaint, pass an order either rejecting the grievance or directing the public authority to redress the grievance in the manner and within such time, as is mentioned in the order.
Provided that no grievance shall be rejected without giving a reasonable opportunity of being heard to the complainant.
(4) A complaint to the Appellate Grievance Officer shall be deemed to have a vigilance angle if any of the following two conditions are satisfied:
(i) for issues mentioned in citizen’s charter, if a citizen fails to get satisfactory redressal from Public Grievance Redressal Officer.
(ii) for issues other than those mentioned in citizen’s charter, if the orders of Appellate Grievance Officer made under sub-section (3) of this section are violated.
(5) Each case, as mentioned in sub-section (4) of this section, shall be dealt in the following manner:
(i) After giving a reasonable opportunity of being heard, the Appellate Grievance Officer shall pass an order fixing responsibility for failure to satisfactorily redress complainant’s grievance in prescribed time and direct the Drawing and Disbursing Officer of that public authority to deduct from the salary of such officials, as mentioned in the order, such penalty amounts as are directed by Appellate Grievance Officer, which shall not be less than Rs 250 per day of delay calculated from the day the time limit mentioned in citizens’ charter or the time limit specified in the order passed under sub-section (3) of this section, for redressing that grievance got over,
(ii) Direct the Drawing and Disbursing Officer to compensate the complainant with such amounts as are deducted from the salaries of the said officers.
(6) The Officers mentioned in the order made under clause (i) of sub-section (5) of this section shall be required to show cause that they acted in good faith and did not have corrupt motives. If they fail to do so, the Appellate Grievance Officer shall proceed to recommend penalties against the said officers under CCS Conduct Rules.
21B. Annual Integrity Audit: Lokpal shall conduct annual integrity audit of each department as per guidelines to be made in this behalf by the Lokpal from time to time.
Imposition of major and minor penalties
21C. Allegations of misconduct and public grievances with deemed vigilance angle under section 21A shall be dealt in the following manner:
(1) The vigilance officer shall conduct an enquiry into each such case within three months of its receipt and present its report to the Chief Vigilance Officer.
(2) Within a fortnight of receipt of report, the Chief Vigilance Officer shall constitute a three member bench of Deputy Chief Vigilance Officers other than the one who conducted enquiry at clause (1) above.
(3) The bench shall hold a summary hearing giving reasonable opportunity to the vigilance officer who conducted enquiry, the complainant and the officers accused.
(4) The bench shall hold hearings on day to day basis and pass an order either imposing one or more of the minor or major penalties on the accused government servants.
Provided that such orders shall be passed within a month of constitution of the bench.
Provided that such order shall be in the form of a recommendation to the appropriate appointing authority.
(5) An appeal shall lie against the order of the bench before the Chief Vigilance officer, who shall pass an order within a month of receipt of appeal, after giving reasonable opportunity to the accused, the complainant and the vigilance officer who conducted enquiries.
Employees and staff and authorities in Lokpal
22. Chief Vigilance Officer: (1) There shall be a Chief Vigilance Officer in each public authority to be selected and appointed by Lokpal.
(2) He shall not be from the same public authority.
(3) He shall be a person of impeccable integrity and ability to take proactive measures against corruption.
(4) He shall be responsible for accepting complaints against any public authority and shall transfer the complaints related to other public authorities within two days of receipt.
(5) He shall be responsible for carrying out all such responsibilities as assigned to him from time to time by Lokpal including dealing with complaints in the manner as laid down by Lokpal from time to time.
Provided that the complaints which require investigations under Prevention of Corruption Act 1988 shall be transferred to the Investigative wing of Lokpal.
Provided further that the complaints, other than grievances, against officers of the level of Joint Secretary or above shall not be dealt by the Chief Vigilance Officer and shall be transferred to the Lokpal, who shall set up a committee of Chief Vigilance Officers of three other public authorities to enquire into such complaint.
(6) All the grievances shall be received and disposed by Chief Vigilance Officer on behalf of Lokpal, if the citizen fails to get satisfactory redressal from Public Grievance Officer under section 21 of this Act.
(7) Such number of Vigilance Officers shall be appointed under the Chief Vigilance Officer as are decided by Lokpal from time to time.
(8) The Vigilance Officers and the Chief Vigilance Officer shall have powers to enquire and impose penalties under CCS Conduct Rules in such cases and as per such rules as laid down by the Lokpal from time to time.
(1) The vigilance officer shall conduct an enquiry into each such case within three months of its receipt and present its report to the Chief Vigilance Officer.
(2) Within a fortnight of receipt of report, the Chief Vigilance Officer shall constitute a three member bench of Deputy Chief Vigilance Officers other than the one who conducted enquiry at clause (1) above.
(3) The bench shall hold a summary hearing giving reasonable opportunity to the vigilance officer who conducted enquiry, the complainant and the officers accused.
(4) The bench shall hold hearings on day to day basis and pass an order either imposing one or more of the minor or major penalties on the accused government servants.
Provided that such orders shall be passed within a month of constitution of the bench.
Provided that such order shall be in the form of a recommendation to the appropriate appointing authority.
(5) An appeal shall lie against the order of the bench before the Chief Vigilance officer, who shall pass an order within a month of receipt of appeal, after giving reasonable opportunity to the accused, the complainant and the vigilance officer who conducted enquiries.
Employees and staff and authorities in Lokpal
22. Chief Vigilance Officer: (1) There shall be a Chief Vigilance Officer in each public authority to be selected and appointed by Lokpal.
(2) He shall not be from the same public authority.
(3) He shall be a person of impeccable integrity and ability to take proactive measures against corruption.
(4) He shall be responsible for accepting complaints against any public authority and shall transfer the complaints related to other public authorities within two days of receipt.
(5) He shall be responsible for carrying out all such responsibilities as assigned to him from time to time by Lokpal including dealing with complaints in the manner as laid down by Lokpal from time to time.
Provided that the complaints which require investigations under Prevention of Corruption Act 1988 shall be transferred to the Investigative wing of Lokpal.
Provided further that the complaints, other than grievances, against officers of the level of Joint Secretary or above shall not be dealt by the Chief Vigilance Officer and shall be transferred to the Lokpal, who shall set up a committee of Chief Vigilance Officers of three other public authorities to enquire into such complaint.
(6) All the grievances shall be received and disposed by Chief Vigilance Officer on behalf of Lokpal, if the citizen fails to get satisfactory redressal from Public Grievance Officer under section 21 of this Act.
(7) Such number of Vigilance Officers shall be appointed under the Chief Vigilance Officer as are decided by Lokpal from time to time.
(8) The Vigilance Officers and the Chief Vigilance Officer shall have powers to enquire and impose penalties under CCS Conduct Rules in such cases and as per such rules as laid down by the Lokpal from time to time.
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