Indian Civil Service: Grievance Redressal Mechanism

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CIVIL SERVICES: GRIEVANCE REDRESSAL MECHANISM

NAME: PRATIK KISHOR GAIKWAD

Index

1. Introduction……………………………………….……………. 3

2. Need for the alternative machinery. …………………………… 4

3. Administrative Tribunals……………………………...……..…. 5

4. Article 323-A and Article 323-B…………………………….…..7

5. The Administrative Tribunal Bill, 2006 ………………….……..9

6. Composition of the tribunals……………………………….…... 10

7. Conclusion………………………………………………..…….. 15

8. Reference………………………………………………….……. 17

Introduction

The working of the good government is not only depends upon the good relation between government and its citizens but it also depends upon the relationship status between government and its employees.

May of times various attempts are made to maintain the cordial relation between the government and its employees. But despites the best efforts disputes may still arise between the government as an employer and its employees. If these disputes allowed to remain unsettled, it will lead to dissatisfaction among the employees which often result in inefficiency, low morale and sometimes even disruption of work in the form of agitation and strikes. To avoid these consequences it is very important for the government as an employer must provide some mechanism to settle this disputes and redressal of the grievances of its employees.

Therefore to maintain cordial relation between the government and its employee Parliament passed the Administrative Tribunal Act, 1985 and set up the Central and State Administrative Tribunals for its employees as mechanism for grievance redressal.

Need for the alternative machinery

Many times the disputes are arise between government as an employer and its employees and It results in the inefficiency, low morale and sometimes even disruption of work in the form of agitation and strikes.

These disputes can be of two types and they are as follows:

1. 1Disputes which are collective in nature i.e. they involve a large number of employees as a class or group, and they relate to their basic conditions of the service like salary or wages rates, hours of work, retirement or other benefits etc. such disputes are settled through machinery fir collective bargaining like Whitley Council, joint consolation machinery or arbitration.

2. 2Disputes involve individual employees, where an individual employee feels that injustice has been done to him because of denial of promotion or illegality in disciplinary proceedings against him or in matters of seniority etc. such disputes cannot be taken up through joint consultative machinery.

Normally an aggrieved employee, in such circumstances has remedy under the civil law of the land where he can seek the intervention of the court to get justice. But this procedure was very cumbersome, expensive and time consuming. May times this procedure was beyond capacity of most employees for the time it used to take and money that was required. It was inconvenient for the government department too which had to spend huge time and money to fighting the cases in the courts. Therefore the need for alternative machinery was strongly felt.

Administrative Tribunals

The need for alternative administrative was so strongly felt that Administrative Reform Commission had recommended the setting up of civil service tribunal act as an ombudsman or authority for looking into the of civil servants removal from service, reduction in rank and punishment of dismissal.

3Consequently the Constitution was amended in 1976 (42nd Amendment) to provide for the setting up of administrative Tribunals for adjudication of disputes in matters pertaining to recruitment and conditions of service for...
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