Swachh Bharat / Clean India: External as well as internal

SWATCH BHARAT/CLEAN INDIA: EXTERNAL AS WELL AS INTERNAL:

SESHADRI VIKRALA VIEWS AND VISION-           

(where do we stand as of NOW…)

In the words of the Lords of the Justice, brought on record in the Judgment/Order: [The Honorable Supreme Courts' Judgment on         17-12-1982 in Nakara Case in 1982 (W.P. 5939-5941/1980- D.S.Nakara and others Vs Union of India 1983-AIR130-SC].

“…:… ‘Had I served my God as reverently as I did my King I would not have fallen on these days of penury’ is chanted in these group of petitions in the Shelian tune:’ I fall on the thorns of life I bleed.’ Old age, ebbing mental and physical prowess, atrophy of both muscle and brain powers permeating these petitions, the petitioners in the fall of life yearn for equality of treatment which is being meted out to those who are soon going to join and swell their own ranks…”

What a wonderful idea inculcated in the minds by our beloved Prime Minister of India. He has rightly described himself as the Prime-Servant and putting the matters on move by following everything in time and spirit. 

By this caption, we all understand that we have to just clean the external wasteful dumps, dirty matters, etc, and make India look very beautiful country in the world. We, from the lowest to the top position, in-service; NGOs, and so on, started the Swatch Bharat campaign in true spirit and action. But, how long this work shall continue, in my view, as long as we determine to do so, or as far as, where there is a will there is a way.  

But the unanswered question still remain is that - where to dispose/dump the wastage? Are there any recycling bins, dump yards, nominated officials to supervise and continue its work on daily basis, take drastic and exemplary action on the defaulters, and so on. Nothing seems to have come on record?

Now, take the case of Officials sitting in the position of high command, who are held responsible and shouldering decision making Orders , first make clean their mind-set from corrupt practices, corrupt mind, thoughts and actions, thus avoid their actions leading to White Collar Criminality from all levels. 

Honorable Supreme Court of India is making its concern over corrupt and indifferent in-actions of the government officials through its Judgments and Orders, and specifically mentions that the Judgment Order issued in a case can be made applicable to all other employees who are not the Petitioners, but who are in similarly placed situation/circumstanced position. In the contra, the UOI/Departments are found to be taking their own stand to apply the Order and implement only to the Petitioners/Respondents in a particular case but not to all the employees/ pensioners who are found to be placed in similarly situation.

Then what is the fate of each of such individual? In the given situations, they must think of going to the Courts of Law and get the Orders implemented to them also. When the GOI/Departments go into this type of decision making duly sidelining the Honorable Supreme Court’s Orders, where is the Justice?

For example, take the case of implementation of VI CPC Orders for pensioners to be made effective from 01st Jan, 2006 to all the pre-2006 pensioners, but it seems DoP&T Orders were issued only to the Respondent/Petitioners and not to all. Where to go for Justice? Then, again go to Courts of Law for justice. For any service matters whatever representations/Petitions we file, the same are sidelined and closed with irresponsible replies or of that sort? The other way being shown, directing to Court and get Orders.

The GOI’s decision making and its implementation lies in the hands of the HODs, the Orders can be made retrospective, unless they are specifically made prospective, but they do not issue such Orders, just to apply economy through such restraints, in my personal view , can be truncated to maximum extent by following other means.  Let there always be SWATCH BHARAT campaign inside the working system for in-service matters also.

However, on one pretext or the other, the Directorate/Ministry is found to be not inclined to scrupulously follow and implement GOI Orders, Rules, Court Orders; some are implemented in some cases / to some officials including retired even though they are not the Petitioners in the Court Cases, and extend the benefit of deemed promotion and the benefit of pension fixation as per seniority in their cadre post before superannuation, but ironically, the same is not being taken into account in other cases. Here again, the same Principles of ‘Where there is a will, there is a way’ stands as handy to the Departmental heads.

In my view, while taking the matter of ‘ SWATCH BHARAT/CLEAN INDIA: EXTERNAL AS WELL AS INTERNAL’,--  internal Managerial and Administrative matters, shall not give for leading to  personalized factors which eventually perpetuate conflict of interest in the running of the Office as per the sway of someone.  This shall have to be curtailed by all means through honest and sincere officials.

Further, in my considered view, by and large, even a Department/Ministry, also to be treated as an “Institution” by which its “Institutional Integrity and Discipline”, if outlined, in so far as is being a Governmental Agency, comes for debate since dealing with public functions, and also shouldering the safety and security, L&O, Crime Control, for example Railways, of railway passengers and the railway property.

Without making the sufferers to choose to take steps to knock the doors of the Courts of Law, it shall be the responsibility of the HODs to see that in the larger interest of its employees, public and the citizens, they are better looked after and put the Orders within the frame work of its Rules and Directions of UOI, and not to deviate for personal gains...making wrongful loss to others interpreting the matters just to suit to their convenience and thereby the very system of Fundamental Rights aguaranteed under Article 309 of the Constitution of India is once for all barred/blocked. If once deviated from the Rules and the Law, even a single Rule, even in one case, the very concept of Rule Making Machinery of GOI shall have no balancing control on anything and shall eventually relegate its image to dustbin, delusion, even the other departments, officials may not have any alternative to say anything against such decisions.        

At least now in the wake of “ SWATCH BHARAT/Clean India ” campaign, let there be some Machinery to fill up the missing dimensions and the absence of transparency and accountability in a Department/ Directorate, with some honest overseer(s), to lead the Department(s) without having leanings towards” MAP” (Money, Authority, Power), take the burden of responsibility, liability  with integrity and see that nothing shall go out of hands, out of his power and authority, or against the Law, the Rules; see that the intermediaries always work scrupulously without their own interpretations and shall not lean to take charge/chance of the situations to suit them of their choice and will by sidelining the HOD.

In my considered view, once Justice is delayed, Justice is denied; Justice denied is Justice buried, once for all. WE still have committed with confidence in the functioning of the Honorable Courts/UOI and pacing towards to achieve our goal with --“Ye Hosolonka Udan Hai”, and on one or the other day we shall reach the pinnacle.

Seshadri Vikrala, B.Sc; LL.M.; PG.Dip.in Crl. Laws; PG.Dip.in IRPM-Asst. Security Commissioner, RPF/Retired; President, RPF Pensioner’s Welfare Association, South Central Railway, Secunderabad