Government of J&K has recently introduced new rules in Public Service Guarantee Act (PSGA), 2011. It includes registration of documents within two days of applying for the service. But do we actually see any public service being timely provided to public.
PSGA was introduced in J&K in 2011 during the reign of Omar Abdullah, through strong advocacy of J&K RTI Movement led by noted Governance activist Dr Sheikh Ghulam Rasool.
The enacted legislation declares “public service in time bound manner” to be treated as a matter of right, and at the same time provides the procedure for its implementation as well. The main aim to introduce the legislation was to curb red-tape, corruption, and also to strengthen the idea of accountability and good governance.
What Act is all about?
Public Service Guarantee Act 2011 defines right to public service as “(a) have access to the public service; (b) receive public service within the specified time limit; (c) receive public service in a transparent manner; (d) demand performance of duties and functions in accordance with the Act; (e) hold the concerned designated officer accountable for any Service deficiency; and seek compensation with respect to non-providing of service or deficiency in service.”
Legislation provides for the appointment of the designated officers to deliver public services and empower government to notify those services, it also provides a time period within which an eligible person has to be provided with services. The said legislation appoints first and second appellate authorities respectively to decide appeal of any aggrieved person to whom any service is denied or delayed. The second appellate authority is empowered to impose fine as penalty, it can take action against the first appellate authority for delaying the disposal of appeals. Moreover, the power to compensate the aggrieved person and recommending the case for disciplinary action is also enumerated in the Act.
Despite being one of the strongest and powerful legislation which could bring relief to the public, its implementation and enforcement remains a severe issue in the UT of J&K. There are numerous real life cases which shows how babus failed to implement this legislation and I quote one of them below.
Case law:
Mukhtar Ahmad, a resident of far-flung village Garkote Tehsil Uri District Baramulla applies for renewal of his ‘backward area reservation certificate’ on 09-06-12 before tehsildar Uri. As per rules framed under public service guarantee act 2011, tehsildar is bound to reject or issue the certificate within 15 days. After repeated attempts to know the status of application, no response came from the Tehsil offices for months. Aggrieved applicant filed the first appeal before additional deputy commissioner Baramulla, designated by government as first appellate authority under public service guarantee act. As stipulated period of 45 days passed appellant filed the second appeal before second appellate authority. The period of second appeal i.e., 60 days also lapses, the appellant after six months of to and fro is still clueless what to do further and wonders to whom he should approach for justice.
Conclusion:
While interpreting any legislation it is important to decode the intention of legislation and it is evident from the legislation the public servants have been made the implementing agency as well as saviour of such legislations but unfortunately they are the same people who are violators and have never implemented this legislation in letter and sprit. This act of bureaucrats leaves commoners with no remedy, and demolish the idea of administrative redress.
Way forward:
There is dire need to amend the legislation and introduce an enforcing instrumentality in the form of commission, headed by retired judge, lawyer or person of eminent experience in public life. This step can possibly save this legislation. Till the amendment is made government shall appoint J&K Special Tribunal as second appellate authority, as people heading the institutions are presumably aware about the judicial process. Such a move is likely to increase the good governance, transparency and accountability. Moreover, if government would dedicate a special monitoring cell and seek continuous implementation of law has also the potential of saving this dying law.
Author is an RTI Activist and an Advocate based in Srinagar.
Disclaimer: The views and opinions expressed in this article are the personal opinions of the author. The facts, analysis, assumptions and perspective appearing in the article do not reflect the views of GK.