Indian Civil Service Grievance Redressal Mechanism Essay Sample free essay sample

The working of the good authorities is non merely depends upon the good relation between authorities and its citizens but it besides depends upon the relationship position between authorities and its employees. May of times assorted efforts are made to keep the affable relation between the authorities and its employees. But despites the best attempts differences may still originate between the authorities as an employer and its employees. If these differences allowed to stay unsettled. it will take to dissatisfaction among the employees which frequently result in inefficiency. low morale and sometimes even break of work in the signifier of agitation and work stoppages. To avoid these effects it is really of import for the authorities as an employer must supply some mechanism to settle this differences and redressal of the grudges of its employees. Therefore to keep affable relation between the authorities and its employee Parliament passed the Administrative Tribunal Act. We will write a custom essay sample on Indian Civil Service: Grievance Redressal Mechanism Essay Sample or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page 1985 and set up the Central and State Administrative Tribunals for its employees as mechanism for grudge redressal. Need for the alternate machinery Many times the differences are arise between authorities as an employer and its employees and It consequences in the inefficiency. low morale and sometimes even break of work in the signifier of agitation and work stoppages. These differences can be of two types and they are as follows: 1. 1Disputes which are corporate in nature i. e. they involve a big figure of employees as a category or group. and they relate to their basic conditions of the service like salary or rewards rates. hours of work. retirement or other benefits etc. such differences are settled through machinery fir corporate bargaining like Whitley Council. joint solace machinery or arbitration. 2. 2Disputes involve single employees. where an single employee feels that unfairness has been done to him because of denial of publicity or illegality in disciplinary proceedings against him or in affairs of senior status etc. such differences can non be taken up through joint advisory machinery. Normally an aggrieved employee. in such fortunes has remedy under the civil jurisprudence of the land where he can seek the intercession of the tribunal to acquire justness. But this process was really cumbrous. expensive and clip consuming. May times this process was beyond capacity of most employees for the clip it used to take and money that was required. It was inconvenient for the authorities section excessively which had to pass immense clip and money to contending the instances in the tribunals. Therefore the demand for alternate machinery was strongly felt. Administrative Courts The demand for alternate administrative was so strongly felt that Administrative Reform Commission had recommended the puting up of civil service tribunal act as an ombudsman or authorization for looking into the of civil retainers removal from service. decrease in rank and penalty of dismissal. 3Consequently the Fundamental law was amended in 1976 ( 42nd Amendment ) to supply for the puting up of administrative Courts for adjudication of differences in affairs refering to recruitment and conditions of service for individuals appointed to the populace services and stations in connexion with the personal businesss of the brotherhood. the province or local authorization or authorities Corporation. To supply the fast and less or cheap justness to Cardinal Government employer the parliament passed the Administrative Tribunal Act. 1985 which allowed the Cardinal Government to organize Central Administrative Tribunal ( C. A. T. ) in November of that twelvemonth. Except those of the Supreme Court the C. A. T. ( Central Administrative Tribunal ) or the S. A. T. ( State Administrative Tribunal ) has the powers of legal power and authorization of all tribunals. for make up ones minding instances refering authorities employees. Several provinces like Andhra Pradesh. Madhya Pradesh. Him achal Pradesh. Orissa. Karnataka etc. have already set up these Courts. All tribunals. except Supreme Court. have been barred from the exercising any legal power on affairs mentioned in Articles 323 A and 323 B of the Constitution ( associating to service affairs of the employees ) . The application of the Central Administrative Tribunals Act is to all the cardinal authorities employees merely with the undermentioned exclusion: members of the Army. Navy or Air Force or any other armed force of the cardinal Government. officers employed in the Supreme Court or High Courts or Lower Courts ; and employees of the Secretariat of the two Houses of the Parliament and of State Legislature. THE ADMINISTRATIVE TRIBUNALS ACT. 1985 4It is an Act to supply for the adjudication or test by Administrative Courts of differences and ailments with regard to recruitment and conditions of service of individuals appointed to public services and stations in connexion with the personal businesss of the Union or of any State or of any local or other authorization within the district of India or under the control of the Government of India or of ( any corporation or society owned or controlled by the Government in pursuit of Article 323A of the Constitution ) and for affairs connected therewith or incidental thereto. Article 323-A and 323-B Among the many advanced commissariats adopted by the Forty-second Amendment of the Constitution ( 1976 ) a step of far-reaching importance was the proviso for the puting up of Administrative Courts. Part XIV-A which consists of two Articles 323A and 323B trades with these Courts. 6Section ( 1 ) of Article 323-A provides for the adjudication or test by administrative courts of differences and ailments with regard to recruitment and conditions of service of individuals appointed to public services and stations in connexion with the personal businesss of the Union or of any State or of any local or other authorization within the district of India. The power to represent such Courts is vested entirely in Parliament. Section ( 2 ) of the same Article provides that a jurisprudence made by Parliament under subdivision ( 1 ) may: ( I ) Provide for the constitution of an Administrative Tribunal for the Union and a separate Administrative Tribunal for each State or for two or more States ; ( two ) Specify the legal power. powers and authorization which may be exercised bysuch courts ; ( three ) Provide for the process to be followed by these courts ; and ( four ) Exclude the legal power of all tribunals except the particular legal power of the Supreme Court under Article 136. 7Article 323-B empowers Parliament or State Legislatures to put up courts for affairs other than those covered by clause ( 2 ) of Article 323-A. The affairs to be covered by such courts are as follows: ( I ) Levy. appraisal. aggregation and enforcement of any revenue enhancement ; ( two ) Foreign exchange. import and export across imposts frontiers ; ( three ) Industrial and labour differences ; ( four ) Matters connected with land reforms covered by Article 31-A ; ( V ) Ceiling on urban belongings ; ( six ) Elections to either House of Parliament or Legislatures of the States and ( seven ) Production. procurance. supply and distribution of food-stuffs or other indispensable goods. A jurisprudence made under the above commissariats may supply for the constitution of a hierarchy of courts and stipulate the legal power. powers and authorization which may be exercised by each of them. Such jurisprudence may besides supply for the process to be followed by these courts and exclude the legal power of all tribunals except the Supreme Court of India. The Scheme of Administrative Courts envisaged by Part XIV-A of the Constitution as several other commissariats of the Forty-second Amendment of the Constitution was looked upon with intuition and scruples by certain subdivisions of political and public sentiment in the state and that was reflected in the effort of the Janata Government ( 1977-79 ) to get rid of these commissariats. The Forty-fourth Amendment ( 1978 ) among other things sought to get rid of Part XIV-A wholly. However. this effort of the Janata Government was unsuccessful as it could non rally equal support in Parliament. The basic aim of administrative courts is to take out of the horizon of the regular tribunals of jurisprudence certain affairs of difference between the citizen and authorities bureaus and do the judicial procedure quick and less expensive. The fact that there has been a phenomenal addition in the figure of differences in which administrative governments are involved has to be recognized. If all these differences go to the ordinary judicial system where there is proviso for entreaties to successive higher tribunals one after another. there will be no rapid colony of such differences and they might linger for old ages or decennaries. The Administrative Tribunals Bill. 2006 The Administrative Courts ( Amendment ) Bill. 2006 was introduced in the Rajya Sabha on March 18. 2006 to amend the Administrative Tribunals Act. 1985 ( Principal Act ) . The Bill was referred to the Departmentally Related Standing Committee on Personnel. Public Grievances. Law and Justice ( Chairperson: Shri E. M. Sudarsana Natchiappan ) which is scheduled to subject its study within three months. The Bill was introduced by the Ministry of Personnel. Public Grievances and Pensions. The Principal Act sought to let administrative courts to judge on differences related to recruitment and conditions of service of people appointed to public services in India and appointed by any corporation or society owned by the Government. It aimed to except the legal power of all tribunals in such affairs. The Bill seeks to modify the Principal Act to supply for abolishment of administrative courts if it is considered appropriate. The Cardinal Government can get rid of any tribunal established for a province or a figure of provinces and supply for the transportation and disposal of instances pending before such courts. The Chairman. Vice Chairman or any member of a court would non be entitled to compensation for the premature expiration of their term of service if they took voluntary retirement from the services of the several authorities to fall in the tribunal. These members would be entitled to acquire paid by the several authoritiess till they attain the age of old-age pension or the completion of their term of office in the court. whichever is earlier. The Principal Act empowered the administrative courts to exert the same power as the High Court with regard to contempt of tribunal. The Bill brings the administrative courts under the legal power of the High Courts and abolishes the tribunals’ power to penalize for disdain of tribunal. If a individual is aggrieved by the determination of the court. he can register an entreaty in the High Court within 60 yearss from the day of the month of the determination of the court. Composition of Courts The Jurisdiction and the process are different or distinguishable in the Administrative Courts from the ordinary tribunals. They exercise legal power merely in relation to the service affairs of the litigators covered by the Act. Administrative courts are besides free from the bonds of many of the trifles of the ordinary tribunals. The procedural simpleness of the Act can be appreciated from the fact that the aggrieved individual can besides look before it personally. 5Government can besides show its instances through its departmental officers or legal practicians. Further. merely a nominal fee of Rs. 50/- is to be paid by the litigators for registering the application before the Tribunal. Thus. the aim of the Tribunal is to supply speedy and cheap justness to the litigators. The Act provides for constitution of Central Administrative Tribunal and the State Administrative Tribunals. The Central Administrative Tribunal was setup on November 1. 1985. Every Tribunal shall dwell of a Chairman and such figure of Vice-Chairmen and judicial and administrative members as the Government deems it. Each Tribunal may represent one or more Benchs and each bench shall include at least one judicial member and one administrative member. Presently the Central Administrative Tribunal has 17 regular benches at New Delhi. Mumbai. Calcutta. Chennai. Allahabad. Bangalore. Chandigarh. Guwahati. Ahemdabad. Cuttak. Jodhpur. Hyderabad. Patna. Ernakulam. Lucknow and Jaipur. The Circuit benches of the C. A. T. are at 13 places-Goa. Shimla. Andaman and Nicobar. Lakshadweep. Sikkim. Jammu. Srinagar. Shilong. Agartala. Imphal. Indore. Gwaliar and Nagpur. President appoints the members of the Tribunals. President consults the Chief Justice of India in the assignment of judicial members and the Governor of the concerned State for the assignment of the members of S. A. T. They hold office for a term of five old ages or up to the age of 65 old ages in instance of other members. whichever is earlier. President can take them from the office on land of proved misbehaviours or incapacity after an question made by a justice of the Supreme Court. The CAT consists of a Chairman. Vice Chairmen and Members. The Vice-Chairmen and Members are drawn from judicial every bit good as administrative watercourses so as to give the Tribunal the benefit of expertness both in legal and administrative domains. As per Administrative Tribunal ( Amendment ) Act 2006. the stations of Members have been equated with the Vice-Chairmen and the stations of Vice-Chairmen will non be filled after the termination of footings of the present officeholders. The canonic strength of the Chairman. Vice Chairmen and Members of Central Administrative Tribunal at present is as below: Chairman: 1 Vice-Chairmen: 16 Members: 49 —66. The makings prescribed for the member are: 1. Chairman: a ) Must be or has been a justice of a High Court ; or B ) Have held office of vice-chairman for at least two old ages ; or degree Celsius ) Had held the station of secretary to the Government of India for two old ages. 2. Vice-Chairman: a ) Must be or has been a justice of a High Court ; or B ) Have held office of vice-chairman for at least two old ages ; or above. or degree Celsius ) Must have held a station of Additional Secretary to the Government of India for at least five old ages. 3. Judicial Member: a ) Must be or has been a justice of a High Court ; or B ) Must have been a member of Indian legal service or held a station in Grade 1 of that service for a period of at least three old ages. 4. Administrative Member: Must have held the station of an Additional Secretary to the Government of India or other tantamount station of a Joint Secretary to the Government of India or other tantamount station. or have equal administrative experience. Legal power These Courts have all the powers. authorization and Jurisdiction of all the tribunals in India except that of the Supreme Court in affairs associating to: 1 ) Recruitment to All India Service. or any civil service or station under the Union Government or civilian employees of Defense service. 2 ) All service affair of the above employees. or employees of any local authorization. society. or corporation under the control of the Union Government or employees of local organic structures or State whose services have been placed at the disposal of the Union Government. It has besides been the changeless enterprise of this Ministry that the stations of Chairman and Members are filled good in clip and no station remains vacant for long clip. The assignment of Chairman. CAT. as per pattern. is made by the Chief Justice of India on a mention made to this consequence by the Cardinal Government. The assignments of Members are made on the footing of recommendations of a Selection Committee Chaired by a campaigner of the Chief Justice of India who is a sitting justice of the Supreme Court. The assignment of Vice Chairmen in CAT have been discontinued after the termination of footings of the present officeholders since the stations of Members have been upgraded to the degree of Vice Chairmen in the CAT as per the AT ( Amendment ) Act 2006. The assignments are made with the blessing of Appointments Committee of the Cabinet after obtaining the concurrency of the Chief Justice of India. All choices of Members have been made against the vacancies of Vice-Chairm en and Members in CAT originating up to 31 December. 2009. Under the Administrative Tribunal Act. State Administrative Courts were besides set up in the undermentioned States – 1 ) Andhra Pradesh 2 ) Himachal Pradesh 3 ) Orissa 4 ) Karnataka 5 ) Madhya Pradesh 6 ) Maharashtra 7 ) Tamil Nadu and 8 ) West Bengal However. the Madhya Pradesh. Tamil Nadu and Himachal Pradesh Administrative Courts have since been abolished The assignments to the vacancies in State Administrative Courts are made on the footing of proposals sent by the State Governments with the blessing of the Governor. Thereafter. their assignments undergo the same procedure as the one in regard of Central Administrative Tribunal. Recently. proposals have been received from the State Governments of Bihar and Kerala for set uping State Administrative Courts. These instances are being processed. Since its origin in 1985 up to September. 2009 the Central Administrative Tribunal received for adjudication 5. 39. 959 instances ( including those transferred from High Courts ) . out of which 5. 17. 587 instances have been disposed of go forthing a pendency of 22. 372 instances. As respect simple mutant of the judgements of the CAT is concerned. all the Ministries and Departments were requested to supervise their execution. Harmonizing to the information for the period 2008-2009 and 2009-2010 ( up to September30. 2009 ) forwarded by assorted Ministries/Departments. out of 537 judgements given. 291 have been implemented and entreaties against 207 judgements are in procedure of being filed in the assorted High Courts. With a position to doing it more attractive for functioning officers from All India Services and Group ‘A’ Central Civil Services to choose for assignment as Administrative Members and to pull the best endowment from the judicial watercourse for assignment as Judicial Members and besides to supply for greater stableness in the office of the Chairman CAT. the Administrative Tribunal Act. 1985 has been amended and the same has been made effectual with consequence February19. 2007. Section 14 ( 2 ) of the Administrative Tribunals Act. 1985 empowers the Cardinal Government to widen the commissariats of the Act to local or other governments within the district of India or under the control of Government of India and to corporations or Societies owned or controlled by Government of India. In exercising of these powers. the Cardinal Government had extended the commissariats of the Act to 191 organisations so far. With a position to bettering the quality of judgements being delivered by the Central Administrative Tribunal. an enterprise has been taken to direct the freshly appointed Members to the National Judicial Academy at Bhopal. for an orientation plan. The first of the preparation plans was held this twelvemonth from April 20 – 23. 2009. and action is being taken to reiterate it. All India Conferences of all the Members of the CAT to consider on in house issues was held on November 1. 2009. The conference was inaugurated by the Chief Justice of India. The orders of the Courts are adhering on the parties. These Courts are non bound by the process laid down in the Civil Procedure Code but are guided by the rules of Natural Justice. Decision The civil retainers in India are every bit regarded as a privileged batch for the simple ground that they enjoy security and the Constitution guarantees them ‘equal wage for equal work’ through the machinery of wage committees. Salary apart their fringe benefits and periphery benefits officially every bit good as informally go much beyond the prescribed wage bundles. There are all kinds of benefits. like leave. medical reimbursement. lodging. vehicles. pension. tip. free telephones. difficult responsibility allowances. foreign travel. free children’s instruction and countless periphery benefits which were given but the British swayers to handle them a breed apart. Then there are unseeable benefits like position. traditional or customary installations. maltreatment of office and compeling friends and relations which can non be worked out in pecuniary footings. All this was conceded by the legitimate amenitiess and attention. The civil service has non merely preserv ed these excess privileges but has raised a bogie that they are underpaid. Now they are demanding equal benefits in public sector projects and in the secretariats at par with the private sector directors. The technique has worked good while their quality and moral fibre has gone well low because of varied factors which they know but do non accept. The trade brotherhood motion in the junior cells of service has been playing mayhem and the spliting line between indispensable and non indispensable service has literally blurred. The right to freedom. including protest without weaponries had caused combativeness and even junior-grade grudges are violently expressed much at the cost of human right of citizens. The societal justness motion apart. the junior employees are contending against the arbitrary policies towards their service in the name of grudges. The senior functionaries including the members of the All India Services are discontented and aerating their grudges genuine or forge against the people and their elective representatives. Peoples ailment of co rruptness. senior civilians complain of political intervention of leaders and junior employees talk of development. The regulation of jurisprudence is the casualty and grudge redressal mechanism are being suggested to work out the sensible jobs of the civil retainers in an effectual mode. These courts have no uncertainty provided alleviation to the employees in acquiring their grievanees redressed in a much shorter clip and at much lesser cost. The figure of instances decided by these since their origin is so impressive. But the backlog of instances is increasing even here. So attempts must been made to maintain their process simple. apprehensible and speedy to maximal satisfaction to the employees. Footnotes:1. Sharma and Saldana ( 2009 ) . Public Administration in Theory and Practice. New Delhi. p. 489. 2. Sharma and Saldana ( 2009 ) . Public Administration in Theory and Practice. New Delhi. p. 489. 3. Sharma and Saldana ( 2009 ) . Public Administration in Theory and Practice. New Delhi. p. 490. 4. hypertext transfer protocol: //www. cgat. gov. in/act. htm. 5. Ministry of forces. Annual Report ( 2009-10 ) . Public grudges and pension. authorities of India. New Delhi. 6. Fundamental law of India. ( Forty Second Amendment act ) Act 1976. Section 46. 7. Fundamental law of India. ( Forty Second Amendment act ) Act 1976. Section 46. Mentions 1. Bhattacharya and Chakrabarty ( 2003 ) Ed. . Public Administration. Oxford University Press. New Delhi. p. 335. 2. Fundamental law of India. ( Forty Second Amendment act ) Act 1976. Section 46. 3. Ministry of forces. Annual Report ( 2009-10 ) . Public grudges and pension. authorities of India. new Delhi. pp. 155-159. 4. ( Sanyal kayashi. The Administrative Courts ( Amendment ) Bill 2006. PRS Legislative Research. New Delhi. ) hypertext transfer protocol: //www. prsindia. org/uploads/media/1167468637/summary1197284560_Bill_Summary____Administrative_Tribunal__Amendment__Bill__2006. pdf 5. Sharma and Saldana ( 2009 ) . Public Administration in Theory and Practice. New Delhi. pp. 489-491. 6. ( The Administrative Tribunal Act. 1985. Central Administrative Tribunal. Principle Bench. New Delhi. ) hypertext transfer protocol: //www. cgat. gov. in/act. htm