From: Mani Ram Sharma
Chairman, Indian National Bar Association, Churu- Chapter
Nakul Niwas,
Behind Roadways Depot
Sardarshahar- 331 403-7 District Churu
Cell: 919460605417,919001025852
Dated: 19th Sep, 2013
A humble request
To,
All the Public Authorities
In India
Sir,
ALLOCATION OF BUSINESS RULES – DELEGATION OF POWERS AND PROACTIVE DISCLOSURE
I wish to bring to your kind notice that Governments have allocated it's business through the above Rules amongst various Ministries and Department. But delegation of powers has not been done strictly in tune with the demands of democracy.
There is no specific distribution of business amongst Cabinet Minister/ State Minister and the Secretaries of various grades. Therefore the total situation remains in doldrums. An elected government is expected to take Policy decisions, hear public grievances in respect of Policies, Schemes and Law but such matters received are miscarried by the Secretariat without the approval of Competent Ministers/Public Representatives. The permanent executives are engaged to assist the Public Representatives in arriving at a decision but they are not arbiter to finanlise a policy matter. Only a care taker Government is debarred from decisions on Policy matters and the decisions are taken by permanent executives. But the above sorry state of affairs tells a miserable story that India has not been only experiencing coalition governments but care taker Governments. The Permanent Executives are expected to work freely within the four walls of Policies, Schemes, Rules, Regulations and Acts framed by Body of Public Representatives. But the Ministers/Public representatives take extra ordinary interest and interfere in the day to day working of permanent executives for this or that unholy reasons.
I would like to draw your pointed attention to the scheme of delegation of administrative powers, aside financial powers, as in vogue in the premier State Sector Bank- State Bank of India. The delegation of powers in SBI includes bifurcation of powers in every minute matter for each level of officers and such powers are made public through notification in the official gazette.
The delegation of powers in SBI runs on subjects like- Signing of letters, power to initiate and defend legal proceedings, purchase of electrical, fixtures and furniture, grant receipts against deposits, disciplinary matters pertaining to various grade of staff, incur expenditure for news papers, stationery, sanction of loans- various types etc. The full delegation of powers runs in a booklet of about 100 pages where the limitations are clearly defined for each category of personnel in the service of Bank.
Therefore it is requested humbly that delegation of powers on each and every minute possible subject be delegated to various level of Ministers and Secretaries so as to avoid any confusion and such delegation be made public by Notification in Website of the concerned Department/ Organisation. The Legislature Secretariat be also included for the purpose where the arrogance, as I have experienced, is the highest in the matter of public petitions airing the crucial issues.
The discretionary powers exercised in bank are subject to report and review by senior functionaries. The officers in bank hold charge of files, valuables, cash and documents, and powers from head clerk to Chairman are very explicit for exercise. Therefore the officers of Bank are responsible and accountable for discharge of duties. While the power to sanction loan rests with officers at lower level but discretionary power to reject a loan application by weaker sections can be exercised at one step higher level only. The loan documents remain in custody of an officer in Bank but in courts these are held by civil clerk. Even the material things–cash, receipt book and other valuables said to be in double lock are virtually held by clerk-cashier of courts and state offices keeping both the keys with himself. The missing of "COALGATE" files is also a result of the faulty procedure adopted in Government Offices since nothing is likely to happen to senior functionaries because they are not custodians of any crucial matter. The Officers in judiciary, police and administration does not hold charge of anything barring few exceptions. The charge of any file, valuables etc. are held by clerks in these organisations. The State functionaries are highly irresponsible yet they draw hefty salary and perks for no role and responsibility. Therefore the SBI model be adopted in Administration, Police and Judiciary of the country to make them responsible to public, and instill fairness and transparency in the working of Government. The power to reject any public petition be exercised by authority one step higher than the authority empowered to accept it. This will infuse accountability, and prevent abuse of power and position by key functionaries in administration.
With regards,
Yours sincerely
Mani Ram Sharma
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