Disciplinary action to be taken against officials not strictly implementing PSGA

Chief Secy’s office seeks necessary details from GAD

Mohinder Verma

JAMMU, Jan 7: In order to uphold transparency and efficiency in the public service delivery, Government of Union Territory of Jammu and Kashmir has decided to initiate disciplinary action against the officials not strictly implementing Public Service Guarantee Act, 2011 and the Chief Secretary’s office has sought necessary details in this regard from the General Administration Department (GAD).
A landmark legislation, the Jammu and Kashmir Public Service Guarantee Act, 2011 mandates the timely delivery of various Government services to the citizens and is aimed at bringing transparency, accountability and efficiency in the functioning of Government departments.
Official sources told EXCELSIOR that Chief Secretary’s office has sent a communication to the General Administration Department seeking information about the status of implementation of Public Service Guarantee Act in all the Government departments.
“The defaulters in the implementation of this landmark Act should be identified for disciplinary action”, sources said quoting the direction of Chief Secretary Atal Dulloo, who is of the opinion that such a step will have a deterrent effect and help in achieving the objectives behind the legislation.
The General Administration Department has been given time till January 10, 2024 for furnishing Action Taken Report (ATR)/status to the office of the Chief Secretary for his perusal, sources further said, adding “the regular monitoring will help ensure the sustained enforcement of the Public Service Guarantee Act and hold accountable those who fail to meet the prescribed service timelines”.
As per the provisions of the Act and Rules made there-under, the Government may issue directions from time to time for effective implementation of the legislation, superintendence of the cases filed under the Act and for the inspection of the offices of the First Appellate Authority, Second Appellate Authority, Revisional Authority and Drawing and Disbursing Officers.
Section 14 of the Act, which deals with disciplinary action, read: “In addition to imposition of fine under Sections 10, 11 or 12, the Second Appellate Authority, if it is satisfied that the designated officer or the First Appellate Authority, as the case may be, has failed to discharge the duties assigned to him under the Act without sufficient and reasonable cause, may recommend disciplinary action against him under the Service Rules applicable to him”.
Under the Act, every eligible person have a right to public services like right to have access to the notified public service; receive public service within the specified time limit; receive public service in a transparent manner; demand performance of duties and functions in accordance with the Act; hold the concerned Designated Officer accountable for any service deficiency and seek compensation with respect to non-providing of service or deficiency in service.
It is obligatory on the part of the Designated Officer to provide public services to the eligible person within the time specified, which starts from the date when an application is submitted by the eligible person for providing of notified service to the Designated Officer or to a person subordinate to him authorized to receive the application.
It is pertinent to mention here that recently Revenue Department addressed a communication to the Deputy Commissioners and shared a list of 57 Revenue Tehsils where an inordinate delay in delivery of online revenue services has been noticed with the directions to issue notices to the concerned officers and solicit cause of delay. Further, they were directed to proceed and take warranted action under the provisions of Public Services Guarantee Act, 2011.
The Government has already carried out amendments in J&K Public Service Guarantee Act (PSGA) to bring online services under its ambit. The Auto-Appeal System automatically triggers an appeal to Appellate Authorities when the specified timelines for availing services under the Act are breached and this mechanism has helped to enforce compliance for time bound delivery of e-services.