Increase in retirement age of HC judges - 62 to 65

When a state like Bihar can do this then why not our centre and other states can pass such a bill and make such a provision.

In a function CM Bihar had said that people has a tendency to amass  wealth for next seven generation, but when u ask any person the name of his great great grandfather, they will fail to  remember.

Bihar to seize properties of corrupt officials

Friday, July 09, 2010 4:29:27 PM by IANS

Patna, July 9 (IANS) Bihar will confiscate the properties of 10 corrupt public servants, Chief Minister Nitish Kumar said here Friday, reiterating his commitment to check corruption in the state.
“Finally, a petition has been filed in 10 cases to confiscate the properties of corrupt public servants,” Nitish Kumar said at a function here.

He said the government was committed to check and control corruption and the special courts were set up to hear such cases under the Bihar Special Courts Act.

The act, passed early this year by the cabinet, enhances the powers of the state government in dealing with corruption cases involving public servants on a speedy and effective basis.

It enables the state to confiscate the assets of corrupt government officials. The act defined bureaucrats, politicians and others who draw salary from the state exchequer as public servants.

Nitish Kumar has admitted time and again that rampant corruption had hit the implementation of development projects and welfare schemes for poorest of the poor in the state.

The state vigilance department has arrested over 350 government officials, including 50 gazetted employees, on bribery charges in the last four years as part of its anti-corruption drive.

Source/Link:

https://www.thaindian.com/newsportal/politics/bihar-to-seize-properties-of-corrupt-officials_100393191.html

"It is very remarkable thing that why the post of govt. servants are over secure"

One of the reasons for this "over secure" condition for bureaucrats is the Constitutional protection under Article 311 which gives primacy to Doctrine of Pleasure than accountability & responsibility. When "pleasure" becomes important than accountability & respnsibility, one can understand the direction in which things move.

Our endemic corruption lies in Article 311 of our constitution because we have a provision to safeguard corruption and make bureaucrats stay away from being sensitive to the problems of common people.

The nature of endemic corruption is that it flows Top Down. If an underling is corrupt and his higher authority is not, the underling is unlikely to last very long in his position. Worse, he runs the risk of being punished for the crime, sooner or later. Thus corruption is top down. It is as simple as that.

Corruption happens when a person holds the power to permit or deny an applicant. And is not accountable for the decision – or lack of a decision – to the applicant. This is the– no accountability to stakeholders. This immunity from prosecution or punishment is provided by articles in our (Indian) constitution. Suffice it to say that in India, we need the permission of the perpetrator’s highest authority (often The President) to even investigate let alone prosecute him. This argument has been used since the British Raj and the new rulers, the so called civil servants took it forward with glee.

When the size of the organization becomes unwieldy and very decentralized as is the case of government in India, the need for protection against misuse must gain far greater weightage. The permissions must also be decentralized and so must be the criteria for granting such permissions be less protective.

Rampart corruption in bureaucracy shows the crucial failure of “Doctrine of pleasure” incorporated in the Indian constitution to protect government servants by giving them almost total everlasting unqualified immunity. How can a person who is not accountable to you and me be a servant? Some will be quick to point out that they are called government servants, not yours or mine. That only means government, in our democracy, isn’t the servant of the people. Thus, there is no accountability of government. And that’s where all corruption starts. No accountability. Specific accountability, not general, vague, ‘answerable to the people’ kind of accountability.

I suggest that at the very heart of our endemic corruption lies Article 311 in our constitution. This is where it all starts. The magic cure for eradicating corruption is to drop this unqualified, everlasting, personal immunity to each and every civil servant from being a constitutional right. The legal brains can figure out how it’s to be done. But the important thing is to eliminate the protection against accountability to stakeholders being restored.

Doctrine of pleasure and its proviso article 311 of Indian Constitution:

The doctrine of pleasure owes its origin to common law. The rule in England was that a civil servant can hold his office during the pleasure of the crown and the service will be terminated any time the crown wishes the same rule is applied in India. The member of Defence services or civil services of the union or All-India services hold their office during the pleasure of president. Similarly member of state services holds the office during the pleasure of governor. the provisions related to services under union and state is contained under part XIV of the Indian constitution.

The article 311 acts as a safeguard to civil servants. It reads as under;

(1) No person who is a member of a civil service of the Union or an all-India service or a civil service of a State or holds a civil post under the Union or a State shall be dismissed or removed by an authority subordinate to that by which he was appointed.

(2) No such person as aforesaid shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges: Provided that where, it is proposed after such inquiry, to impose upon him any such penalty, such penalty may be imposed on the basis of the evidence adduced during such inquiry and it shall not be necessary to give such person any opportunity of making representation on the penalty proposed: Provided further that this clause shall not apply —
(a) where a person is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge; or
(b) where the authority empowered to dismiss or remove a person or to reduce him in rank is satisfied that for some reason, to be recorded by that authority in writing, it is not reasonably practicable to hold such inquiry; or
(c) where the President or the Governor, as the case may be, is satisfied that in the interest of the security of the State it is not expedient to hold such inquiry.

(3) If, in respect of any such person as aforesaid, a question arises whether it is reasonably practicable to hold such inquiry as is referred to in clause (2), the decision thereon of the authority empowered to dismiss or remove such person or to reduce him in rank shall be final."

Where there is an infringement of Article 311, the orders passed by the disciplinary authority are void ab-initio and in the eye of law "no more than a piece of waste paper" and the Government servant will be deemed to have continued in service or in the case of reduction in rank, in his previous post throughout.

Thanks Democratic Indian for detailed Info.

Please go through all the postings in this thread.

Now suggestions for redressal of work have to be called for.  I suggest the following;

"At one side of PAY TO PUBLIC SERVANT,  the entire life and all the aspects of needs of a public servant and his entire family are WELL prepared & secured by huge salary & other emoluments.  

The second side of WORK TO DO BY PUBLIC SERVANT is only IGNORED BADLY.  So now this side needs immediate redressal to stop non-productive wastage of hardly earned public money.

One: All the UNIONS of public servant should be declared illegal as their activities are anti-national.  The public servants are on NATIONAL DUTY.  If a plumber in private work a day they are simply paid in cash and nothing more further.  But if a plumber gets appointment in public sector they are paid for all the aspects of their entire life including their family.  So they are hired for entire life with all the minutes.  They cannot deny the work AT ANY COST IN ANY CIRCUMSTANCES AND ANY CALL FOR STRIKE IS AN ANTI-NATIONAL RASHTRADROH.

Two: The working hours should be 12 strictly.  The public servant has to work not less than what other middle class citizens do in a day.  There should be NO PAID LEAVE and if any public servant need leave for that no payment should be made.  The principle is NO WORK NO PAY.  If other citizens keep closed there shop / workshop none is coming to them to give money for no service.  So the opportunity to earn is open for them at their wish if they want to earn all the time or they want rest from work at their choice so it is the option opened to them.  Why to pay if they don’t want to come for work?

Three: Every public servant's work records should be kept as to what the work is assigned to him for the day and what & how they have carried out. 

Four: Every month's salary will be passed on submission of the monthly report card as to what the work was assigned to him and how the work has been carried out by them and the report card will be published regularly on internet and records will be kept available for observation by the people and

Five: For every mis-courage or ignorance of duties punishment & recovery will be assured and the action taken will be published regularly on internet and records will be kept available for observation by the people.

Please suggest so a proposal will be worked out and we all will spread it overall in the nation and will start a signature movement from the PEOPLE OF INDIA – THE RULER OF INDIA.

WHY ANY POLITICIAN OR ANY BUREAUCRAT DECIDE YOUR LIFE?

DON'T ALLOW ANYONE ELSE TO ENCROACH IN YOUR POWER TERRITORY.  

YES IT IS YOU AS A CITIZEN - THE RULER OF DEMOCRATIC INDIA.

great idea but seems improbable to implement.

Citizens COME UP and TAKEOVER your RULE OF PEOPLE

It is JUST FOR YOU.

Only ONE step to implement the DEMOCRACY –

THE RULE OF PEOPLE – RULE BY PEOPLE – RULE FOR PEOPLE

PLEASE CONTRIBUTE YOUR OPINION HERE

People's rule is already existing in the form of Village Panchayats, Naxal Kanagaroo courts. It won't be long before pendency in courts is reduced to ZERO. Cases of Business magnattes/builders/corrupt goons are entertained against the common man. The India State has already withered away. The Powerful will continue to stay in their ivory towers till their own NAXALITE security[Which has penetrated VVIP secuirty and the INTELLIGENCE AGENCIES] riddles them with bullets.

There is a solution of every problem, nothing is impossible or implementable. Everything is feasible.  Only thing we do not have will. We lack courage and accept anything imposed on us.  IT is better to raise our voices against atrocities.

At least we should not discourage someone who is raising his/her/ voices and issues related with our welfare.

We have the loud speakers but unfortunately they are all deaf.

Author of this thread "Ram Samudre - DRF" is again banned by the people in LCI Admin.

Everybody talks of 498a, cheque bouncing and such like things but no one is bothered about the fact that the world knows that INDIAN STATE HAS ALREADY WITHERED away. Those in power act arbitrarily and as per their whims and fancies.

This is a conspiracy to fill the Republic of India with deadwood and decrease employment for young people. Pretty sad, nobody raises voice on such serious matters.

Rightly said it; "Those in power act arbitrarily and as per their whims and fancies".

Here is the ready example before all of us the attitude of people in LCI Admin. ever act arbitrarily and as per their fancies and ever impose ban on those whosoever post here topics of social & national awareness for implementation of democratic system.  Since the system of this site is in their hands they ever misuse their position being in Admin.

Exactly, I agree with this completely.  People are diverting their attention here and there.

Everyone is facing problems and are concerned about rather have confined it to themselves  only or to their own self limit and no one is interested in hitting/addressing the root cause of all the problems.  These attitudes of people are encouraging the wrong doers. A divided house is a boon for wrongdoers and our present rulers.