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Chandigarh Right to Service commission slaps ₹10,000 fine on Estate Office official
The official failed to provide details of outstanding dues with respect to a booth in Chandigarh’s Sector 44 within the stipulated 35 days
In the first such action against a government employee in the city, the Chandigarh Right to Service Commission has imposed a fine of ₹10,000 on an estate office official for delay in providing details of outstanding dues regarding a booth within the stipulated 35 days.
Of the total fine, ₹9,000 will be paid to the petitioner, Mukesh Kumar Goyal, as compensation. Goyal had approached the commission, stating that the estate office was not taking action on his request for calculation and intimation of pending dues regarding a booth in Sector 44.
The commission has also directed the UT Estate Office to initiate an inquiry against other officials, who contributed in the delay in calculation of the dues and take disciplinary action against them.
Booth allotted in 1991, cancelled in 1993
In his complaint, Goyal had submitted that he had bought a booth on leasehold basis through an open auction in 1991. But its allotment was cancelled in 1993 over non-payment of the premium.
Goyal contested the matter up to the Supreme Court (SC), and on the court’s directions, the SDM (South) in December 2020 set aside the 1993 cancellation order and restored the site to the allottee, subject to the condition that the entire outstanding dues are deposited within two months.
In his order, the estate officer also directed the section officer of the Estate Office to calculate the dues in respect of the booth within 15 days. When the designated officer-cum-branch in-charge, estate office, failed to comply with the SDM’s order, the allottee sent a reminder to the estate officer.
However, the designated officer failed to provide the information even after the expiry of 35 days, as stipulated under the Right to Service (RTS) Act, forcing Goyal to approach the commission.
Acting on the petition, the commission had issued a show cause notice to the designated officer for March 3, 2022.
“It is apparent from record that the case of the petitioner has been hanging fire since 1993. It went even up to the level of SC. It is only after directions of the SC that the SDM restored the site to the owner and directed the branch concerned to provide information on dues pending within 15 days. But even after a period of more than one year, neither the outstanding dues have been calculated nor intimated to the allottee,” observed RTS commissioner KK Jindal.
‘Official’s response untenable’
In response to the commission’s show-cause notice, the designated official submitted that the said file was pending with other departments. Terming it not tenable, the commissioner observed that after the SDM’s order, no further approval was required from any other department.
On the contention that it was not within his authority to decide on the case, the commissioner observed that the official was to only intimate the dues, as the SDM order had already decided the case.
“The branch in-charge/designated officer has been adopting dilatory tactics in one way or another…the allottee has been running from pillar to post since 1993 to get justice…the official failed to provide the service to the petitioner without sufficient and reasonable cause, and hence he very well deserves the imposition of a strict penalty,” the commissioner held.
Speaking to HT, Jindal said the RTS Act was still not being fully utilised for prompt delivery of services. “Residents can submit an application, not necessarily a formal petition, with my office. The commission has the power to take suo motu notice of any matter and intervene. People have to drop their hesitation and approach us.”
