Disposed

Nagpur Chamber of Commerce Ltd. Thr. Its Secty. v. State of Mah. Thr. Its Law and Judiciary Dept. and Anr.

Bombay HC21 Dec 2011PIL/50/2011

Case brief

AI extract

What is this about?

This PIL challenged the Maharashtra Government's failure to fulfill mandates under the 2005 Act regarding Citizens Charters and administrative audit. Finding the grievances redressed as Charters were already prepared, the Court directed departments to display Charters on public notice boards and ordered the Government to finalize Act Rules.

What did the court decide?

Directed each Administrative Department to affix Citizen Charter copy on the public notice board within two months and to finalize and notify Rules under Section 14.

Nagpur Chamber of Commerce Ltd. Thr. Its Secty. Vs… — Service and Employment | Bombay HC (2011)

¶1

pil50.11.odt

¶2

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

¶4

NAGPUR BENCH : NAGPUR

¶5

PIL No. 50 of 2011

¶6

Petitioner : Nagpur Chamber of Commerce

¶7

versus

¶8

Respondents: State of Maharashtra and anr

¶9

Mr H. R. Gadhia, Advocate for petitioner

¶10

Ms Bharti Dangre, Addl. Government Pleader for respondents

¶11

Coram : D. D. Sinha & A. P. Bhangale, JJ

¶12

Dated : 21^st December 2011

¶13

P. C.

¶14

Heard learned counsel for the petitioner and learned Additional Government Pleader for respondents.

¶15

The grievance of the petitioner in the present PIL is three-fold, viz. (i) That, the Departments of the Government of Maharashtra have failed to fulfill the mandate of Section 8 of the Maharashtra Government Servants Regulation of Transfers and Prevention of Delay in Discharge of

¶16

pil50.11.odt

¶17

¶18

Official Duties Act, 2005; (ii) The Government of Maharashtra has failed to set up a mechanism for carrying out administrative audit within twelve months from the date of coming into force the provisions of the said Act and (iii). The State Government till this date has not framed requisite Rules by exercise powers under Section 14 of the 2005 Act.

¶19

Learned counsel for the petitioner has submitted that every Office or Department of the Government of Maharashtra is required to prepare and publish Citizens Charter within a period of six months from the date of commencement of the Act as mandated by Section 8 of the Act. For failure to comply with this provision, the petitioner is seeking direction in this regard to the State Government. Similar is the situation in respect of setting up of mechanism for carrying out administrative audit and make Rules for carrying out the purpose of this Act. It is, therefore, prayed that appropriate direction in this regard be given to the respondents.

¶20

Learned counsel for the petitioner has submitted that it is equally important that general public must be made aware about the citizens charter, but the Departments have failed to publish the same and, therefore, direction be given to the State Government to evolve appropriate mechanism in this regard.

¶21

Ms Bharti Dangre, learned Addl. Government Pleader has

¶22

pil50.11.odt

¶23

¶24

submitted that there are twenty-nine Administrative Departments under the Government of Maharashtra and the citizens charter has been prepared by all the Departments which is already placed on the web-site of the State Government. Similarly, the State Government has already set up a mechanism vide Government Resolution dated 7^th October 2011 for carrying out the administrative audit to see that the provisions of the Act are properly observed and complied with. It is contended that so far as framing of Rules under Section 14 of the Act is concerned, the process is at the final stage and shortly, the Rules will be notified in the official gazette for carrying out purpose of the Act.

¶25

It is no doubt true that it was incumbent on the Departments of the State Government to prepare and publish Citizens Charter within a period of six months from the date of commencement of the Act. However, it appears that the Citizens Charter could not be published by some of the Departments within a stipulated period of six months. Since the Citizens Charter has now already been published by all 29 Administrative Departments of the State Government, we do not propose to observe anything in this regard so far as conduct of the State Government is concerned. The State Government has also set up a mechanism for carrying out the administrative audit to see that the provisions of the Act are observed and formation of Rules is at the final stage. It is in these

¶26

pil50.11.odt

¶27

¶28

circumstances, we are of the view that the grievances of the petitioner raised in the present Public Interest Litigation at this stage stand redressed.

¶29

It is important to note that provisions of Citizens Charter by the Administrative Departments of the Government must be made known to the common man for whom it is meant. It is no doubt true that Citizens Charter which was published, though put on the web-site, however, in order to apprise the common man about the Citizens Charter, we direct each Administrative Department of the State Government to affix copy of Citizens Charter prepared by that Department on the notice board to be placed on the front lobby of the Department or at such a place which is easily visible to members of public who visit the Department. The entire exercise must be completed by each Department within a period of two months from today. We also expect the State Government to finalize the Rules to carry out purpose of the Act without further delay and notify the same in the official gazette.

¶30

With these observations, we dispose of the Public Interest Litigation.

¶31

A. P. BHANGALE, J D. D. SINHA, J

¶32

joshi

Nagpur Chamber of Commerce Ltd. Thr. Its Secty. v. State of Mah. Thr. Its Law and Judiciary Dept. and Anr.

Case brief

What is this about?

What did the court decide?

Nagpur Chamber of Commerce Ltd. Thr. Its Secty. v. State of Mah. Thr. Its Law and Judiciary Dept. and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Saleem Ahmed Ab. Rauf and Anr. Vs Malegaon Municipal Corporation and Ors.

Girimala Patil and Anr. Vs the State of Maharashtra and Ors.

Girimala Patil and Anr. Vs the State of Maharashtra and Ors.

Maruti Ukandi Ingole Vs the State of Mah and Ors.

Society for Pn of Equality Awareness and Rights Vs the National Sports Clubl Fo India and 8 Ors.

Vinaykumar Vishnu Awate Vs Union of India through Joint Secretary of Law and Justice and Ors.

Harakchand Manikchand Khabia Vs State of Maharashtra and Ors.

Hemant Bapuraopatil Vs State of Maharashtra and Ors.

Mrs. Uma W/O Anil Nimje and 5 Others Vs Nagpur Improvement Trust, through Its Chairman and Another

Prabhakar Panjabrao Lohkare Vs Mah. State Electricity Transmission Company Ltd. (M.S.E.T.C.L.) Thr. Its Chief Engineer and Anr.

Naresh S/O Keshavrao Dahare Vs the State of Maharashtra, Revenue and Forest Department and 2 Others

Nagpur Housing and Area Development Board, through Its Chief Officer Vs Shri Maroti Ramaji Bobde, through P.O.A. Kamlesh Chandrashekhar Dadhe and 18 Others

Nagpur Housing and Area Development Board, through Its Chief Officer Vs Shri Narayan Baburao Bobde, through P.O.A. Shri Kalmesh Chandrashekhar Dadhe and 3 Other

Nagpur Housing and Area Development Board, through Its Chief Officer Vs Shri Maroti Ramaji Bobde, through P.O.A. Kamlesh Chandrashekhar Dadhe and 3 Others