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ENCOURAGING PEOPLE TO EXERCISE THEIR LEGAL RIGHT FOR GRIEVANCE REDRESSAL BIHAR RIGHT TO PUBLIC GRIEVANCE REDRESSAL ACT BIHAR PRASHASANIK SUDHAR MISSION SOCIETY GENERAL ADMINISTRATION DEPARTMENT Vol-2, Year 2017

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Page 1: BIHAR RIGHT TO PUBLIC GRIEVANCE …lokshikayat.bihar.gov.in/Book/004.pdfENCOURAGING PEOPLE TO EXERCISE THEIR LEGAL RIGHT FOR GRIEVANCE REDRESSAL BIHAR RIGHT TO PUBLIC GRIEVANCE REDRESSAL

ENCOURAGING PEOPLE

TO EXERCISE THEIR LEGAL RIGHT

FOR GRIEVANCE REDRESSAL

BIHAR RIGHT TO PUBLIC GRIEVANCE REDRESSAL ACT

BIHAR PRASHASANIK SUDHAR MISSION SOCIETYGENERAL ADMINISTRATION DEPARTMENT

Vol-2, Year 2017

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Journey So Far

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71. Hon'ble CM launching the implementation of BRPGR Act 2. Principal Secretary, GAD presenting Memento to the Hon'ble CM3. Hon'ble CM releasing the 1st Newsletter, SAMADHAN4. Hon'ble CM at the Sub-Division PGRO Office, Katihar Sadar5. Hon'ble CM at the PGRO office, Khagaria6. Hon'ble CM at the complaint receiving counter, Motihari7. Hon'ble CM on the occasion of completion of one year of implementation of the Act

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Excerpts from Hon’ble Chief Minister’s Speech

Þvc flQZ lquokbZ dh ckr ugha gS] vc fujkdj.k gksxk vkSj ftu f'kdk;rksa dk fujkdj.k laHko ugha gksxk mldk dkj.k crkuk gksxkA ;g turk njckj esa nl lky gktjh nsus ds ckn ml ls ,d dne vkxs dk dk;ZØe gSA ljdkj dk dke gh yksxksa dh f'kdk;rksa dk fuokj.k djuk gSA U;k; ds lkFk fodkl ds jkLrs esa ;g ,d etcwr dne gSA ;g yksdra= dks etcwr djsxk vkSj turk dk fo'okl yksdrkaf=d 'kklu O;oLFkk ij vkSj iq[rk gksxkA blesa vke vkSj xjhc vkneh dk lcls cM+k dY;k.k gksxk] mldk Hkjkslk c<sxkA

fcgkj esa ç'kklfud lq/kkj ds {ks= esa vusd dne mBk;s x, gSa vkSj vkt bl dM+h esa ,d cM+k dne mBk;k x;k gS vkSj vki yksxksa us bldks fcgkj esa Bhd <ax ls ykxw djds fn[kk fn;k rks ;kn dfj;sxk] ;g ns'k Hkj esa ykxw gksxkAß

- June 05, 2016, Patna

Þigys nj[kkLr ys djds f'kdk;r ds fuiVkjk ds fy, dbZ txg tkrs Fks] vc dgha tkus dh t:jr ugha gSA vuqeaMy Lrj ij vkSj ftyk Lrj ij yksd f'kdk;r fuokj.k dsaæ cu x;k gS] dkuwuh vf/kdkj fcgkj dh turk dks ns fn;k x;k gSAß

- December 08, 2016, Kishanganj

Þfctyh dk fcy de gks tk,] 36 lky ls tks yxku jlhn u dVk gks og dV tk,] lM+d Loh—r gS ijarq ftl ij dke 'kq: ugha gqvk gS] og bl vf/kfu;e ds ek/;e ls 'kq: gks tk,] ;g ,slh phtsa gSa tks yksxksa ds eu esa larks"k dk Hkko iSnk rks djrh gSa vkSj blls yksdra= ij yksxksa dk Hkjkslk vkSj c<sxkA yksdrkaf=d O;oLFkk dks lqn<+ djus ds fy, turk dks T;knk vf/kdkj feys bl mís'; ds lkFk bl vf/kfu;e dks ykxw fd;k x;k gSA

eq>s Hkjkslk gS fd ;g dkuwu iwjs rkSj ij vkSj l?ku rkSj ij fØ;kfUor gks jgk gSA eq>s ,slk yxrk gS fd ;g l'kä dkuwu ds :i esa mHkj jgk gS vkSj yksxksa dks tks ;g vf/kdkj fn;k x;k gS og bldk lnqi;ksx djsaxsAß

- June 05, 2017, Patna

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BRPGRA – First Anniversary Highlights

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1. Hon'ble CM inaugurating the event by lighting the lamp2. Hon'ble CM addressing the gathering3. Yashaspati Mishr, DPGRO, Kishanganj being felicitated by Hon'ble CM4. Esteemed audience5. Hon'ble CM releasing the BRPGRA publication 'Samadhan'6. Chandrashekhar Azad, SDPGRO, Kishanganj being felicitated by Hon'ble CM7. Ashish Kr. Bariyaar, SDPGRO, Tarapur, Munger being felicitated by Hon'ble CM

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Effective Redressals

EMPLOYMENT ON COMPASSIONATE GROUNDS

Avnikant’s father passed away during service and hence he applied for the

post of Middle School teacher on compassionate grounds. However, even

after 2 1/2 years of follow-up on application, situation remained same. Finally,

he filed a complaint in District PGRO Office, Banka after which a notice was

issued to the Public Authority cum District Education Officer, Banka. During

the hearing the PA was instructed to hold a meeting of Compassionate

employment Committee to decide on the complainant’s application and

report accordingly. As a result, on 20.03.2017, appointment letter was issued

to the complainant, who confirmed this and stated that his problem which

was pending for 2 1/2 years got resolved through this office.

MUKHYAMATRI BALIKA PROTSAHAN SCHOLARSHIP RELEASED

Rukhsar Parween did not get the benefit of Mukhyamantri Balika Protsahan

scholarship even after several months of passing the Intermediate exam in the

first class category. She filed a complaint at District PGRO Office, Supaul.

Because of the action taken by the PGRO as per the ACT, Public Authority cum

District Minority Welfare Officer, Supaul released the amount of Rs. 15000/-

through RTGS to the complainant’s A/c. A poor student got the benefit through

this Act.

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RECTIFICATION OF RELECTRICITY BILL OF RS. 11.78 LAKH

Rakesh Kumar Mehta received electricity bill of Rs. 11.78 lakh. Perturbed with

such a high electricity bill amount, he filed a complaint in District PGRO Office,

Araria. During the course of hearing the Public Authority cum Executive

Engineer, Electricity Supply Division, Araria investigated the case and the bill

of Rs. 11.78 lakh was corrected. Finally the rectified bill of Rs. 7,509/- was

issued. Complainant was immensely satisfied and his belief in BRPGRA

increased.

LOAN FOR GOAT REARING APPROVED AND RELEASED

Manju Devi from Sheohar district had applied for loan (for Goat rearing) at

Bank of Baroda, Sheohar, but received no resolve and thus filed a complaint

under BRPGRA. During the course of hearing, the Bank was ordered for

approval of the loan application of the complainant as per due procedure and

submit a compliance report. Bank of Baroda informed the PGRO that

Rs. 50,000 loan amount was released to the complainant’s a/c. The

complainant appreciated the provisions of the Act.

Effective Redressals

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THE BIHAR RIGHT TO PUBLIC GRIEVANCE REDRESSAL ACT 2015

Independent Evaluation

Prepared by:Supported by:

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BRPGRA – Philosophy Behind The Reform

Shri Nitish Kumar, Hon’ble Chief Minister, Bihar felt that there was a need for a more

accountable and independent establishment for effective public grievance redressal and this led to

the Bihar Right to Public Grievance redressal Act, 2015.

a) BRPGRA is so fundamental a rethinking of redressal of public grievances that it is a pioneer in

India, if not in the world.

b) The design of the BRPGRA with the creation of a legal right to residents of Bihar, an independent

quasi-judicial authority to ensure hearing and redressal, a No Wrong Door procedure for

registering grievances, a Single Window System for final results (Redressal of grievances), a

Time Limit for redressal, defining accountability and ensuring penal provisions exist for default or negligence, and a completely transparent system

together constitutes a very, very radical redesign.

c) Dramatic improvements in actual redressal have been achieved as is observed through the performance indicators. Many grievances that were not

resolved for years have been resolved now. Efficiency (Disposal of cases) stands at 99.2% and Effectiveness (Redressal of Grievances) stands at

about 80% in the first instance at PGRO level; if we add those cases that are satisfactorily settled at the 1st Appeal level this figure goes up to 91%.

d) The BRPGRA focussed clearly on the processes that produced what the citizens (consumers) wanted: redressal, not just disposal of the case. An

analysis of the past systems found the processes wanting in producing the desired result: Redressal. The past systems were not backed by a legal

right. It was not unusual for the complainant to file the same grievance again. The focus on processes to produce a result desired by the resident of

Bihar is one of the most significant changes that BRPGRA has brought about.

Rightto Hearing and Redressal

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Assessment Of Implementation

STRATEGY:

The main strategic element was to begin implementation only after the system was fully equipped to deliver.

To enable an enhanced quality of service delivery the government developed a comprehensive strategy to

cover all processes. Elements of the strategy included construction of citizen friendly infrastructure- including

a call centre- for receipt of complaints and facilitation, end-to-end ICT-facilitated service delivery, selection of

the most capable staff and building their capacity, development of a software that would facilitate all

transactions and documents to be digitized, building awareness through the launch of the implementation by

the Chief Minister on the Sampoorna Kranti (Total Revolution) day, and devising a framework for systematic

monitoring.

STRUCTURE:

An independent administrative structure has been institutionalized to ensure smooth implementation.

The General Administration Department has been designated as the nodal department and under its

aegis the Bihar Prashasanik Sudhar Mission Society has been assigned the tactical and operational

duties. The structure spans from the Sub Division (a level above the Block Offices from where most of the

implementation occurs) to the District and then to the State (Department level). In all 101 Sub Divisions,

38 Districts and 44 Departments are covered. The operational structure consists of Public Grievance

Redressal Officers (who report to the general Administration Department), First and Second Appeal

Authorities and Revision Authority.

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SYSTEM:

All the 44 departments had been asked to list all their schemes, programmes and services along with designated public authorities who would be the focal points for the grievance redressals. The list now exceeds 475 items. Once a grievance is received, the appropriate public authority is identified by matching the issue with the scheme, programme or service of the relevant department. The ICT system is comprehensive and covers both front- and back-end services. From the time of receipt of complaints to grievance redressal (including through appeals) information is captured, electronically transferred and stored digitally. The system facilitates a ‘No Wrong Door’ policy by accepting complaints in any centre and transferring the same to the appropriate jurisdiction. For instance, if a complaint is submitted in the Patna District PGR Centre, but its jurisdiction is that of Danapur Sub Division, the complaint would be registered in Patna, but transferred to Danapur with the relevant information being shared with the complainant. Special instructions were given to ensure that those issues that required more than one department’s intervention would be addressed by inter-departmental meetings at the district and below levels on every Saturday.

STAFF:

In the planning period (the period between the notification of the Act and its implementation), the government selected the requisite number of officers from the Bihar Administrative Service (BAS). There are currently 101 Sub Divisional PGROs, 38 District PGROs and 22 Departmental PGROs. In each Public Grievance Reception and Facilitation Centre a number of support staff have been provided. The number of support staff well versed in computer operations is around 1250.

SKILLS:

The PGROs require skills of dealing with complex administrative, procedural and legal issues. These they have in plenty as they were sourced from an experienced group of administrative cadre. In addition, they have been imparted intense training on the spirit and letter of the law and rules before the implementation began. The support staff, recruited for their IT skills, have been imparted training on facilitation skills, a key element in the first stage of the process: receipt of complaints.

Assessment Of Implementation ….continued

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MONITORING:

The monitoring of the implementation of the Act is carried out by the Bihar Prashasanik Sudhar Mission Society

(BPSMS) which functions under the aegis of the General Administration Department.

The BPSM has at its service a software that helps it monitor if grievances are disposed on time or delayed. A

sample of the orders are also analysed to ensure that grievances are redressed and not just heard. The

implementation aspects are monitored at the highest levels of the government including by the Hon’ble Chief

Minister.

The MIS generates data on complaints by categories: those related to the Positive List and those to the Negative List.

Grievances are also analysed based on the number pending for disposal, number of cases that have exceeded the time limit, and number of

rejections. The BPSM goes through these cases to ensure that delays do not occur, quick action is taken in case of delays and rejections have

been ordered based on proper reasoning in writing.

Geographic information is also analysed to identify public grievance counters at sub-divisions, districts and departments with the least and most

number of applications, disposal, and denial. A similar analysis is carried out based on data for First and Second Appeals.

The government has started tracking the presence/absence of the appropriate public authority in the hearings conducted by the PGROs. Absence

of public authority does not hinder the PGRO from passing an order. But it was noticed that orders passed in the absence of the public authority led

to a feeling that the actual redressal was not taking place or was being delayed. Therefore, a computerized MIS has been created with a

dashboard facility available to the superior officers to monitor the presence of public authority. This dashboard is available at the district, division

and departmental levels. Supervisory officers are currently issuing warning orders to public authorities who are regularly absent without reasons

in hearings. Departmental disciplinary proceedings have already been initiated against 11 who failed to provide opportunities for hearing and

redressal.

Assessment Of Implementation ….continued

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(i) Citizen Centricity

Details

Physical Visit or through on-line BRPGRA system including Telephone Call; e-mail and Mobile Application

No necessity for physical presence

PGRO’s Office provides status updates on-line and in the grievance receipt cum information and facilitation counters. Informs the applicant of the hearing date. On an average if physically present 2-3 visits

Cost involved can be as low as no cost. Telephonic, web-based, mobile registration; no need for physical presence; download the PGRO’s Order.

No Fee

(ii) Feedback/Grievance redressal mechanism

a. The complainants are asked to state if they are satisfied with the Public Grievance Redressal Officer’s (PGRO) Order.

b. Every Order has a default statement that if the applicant is not satisfied with the Order he/she can go in for an Appeal to the Appellate Authority, whose contact details are also provided therein. The First Appellate Authority’s Order has similar information about the Second Appellate Authority; the Second Appellate Authority’s Order has details of the Reviewing Authority.

Sl. No.

1.

2.

3.

4.

5.

Assessment Of Implementation ….continued

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User Convenience

(i) Service Delivery Channels:

1. 140 grievance receipt cum information and facilitation counters spread across the State.

2. Internet on-line access to all documents including the Order. A special document repository has been created for this purpose.

3. Mobile Application: Has all the features of the on-line facilities

(ii) Completeness of information provided to the users:

All information, as mentioned above, from registration details to redressal (or rejection) are accessible to the users. These are provided in paper form if the applicant so desires. Otherwise they can be accessed at http://lokshikayat.bihar.gov.in

Information provided includes:

a. Registration ID

b. Date(s) of Hearing

c. Proceedings of all hearings

d. Interim and Final Orders containing details of the case, dates of hearings, analysis of the problem and evidences, solution to the problem, and date of grievance redressal

e. Details regarding the Right to Appeal and details of the Appropriate Appellate Authority

Assessment Of Implementation ….continued

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(iii) Accessibility (Time Window):

a. The on-line access through Internet and Mobile Application are available 24/7, 365 days a year

b. Physical Access is available on all working days during the working hours

(iv) Distance required to travel to Access Points:

a. Zero in case of telephone and on-line access. In fact, the Government of Bihar has tried to ensure that people do not have to travel at all through three measures:

• Grievances can be registered telephonically

• Presence of applicants in the hearings is not compulsory

• The onus of redressal is on the Public Authority; in case the grievance is not genuine, the onus to prove so is also on the Public Authority

(v) Facility for online/offline download and online submission of forms:

As mentioned earlier, not only online submission of forms, but also telephonic registration of grievance exists. All information thereafter is available on-line and can be downloaded.

(vi) Status Tracking:

a. Status tracking is available on the internet and mobile application through the simple process of entering the unique ID

b. status can also be tracked through a telephone call to the Call Centre

c. Status can be tracked at the Grievance receipt cum Information & Facilitation Counters by contacting the May I Help You booth.

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Unique Features

Transparency: The Act defines the scope of public grievance redressal in unambiguous terms. Except for a limited number of services in the Negative List (such as the RTI, Bihar RTPS, Service Matters and Court cases), the residents of Bihar are eligible for grievance redressal on any issue related to about 478 schemes, programmes, and services of the 44 departments of the Government of Bihar.

Even though the Negative List exists, according to Rules and Instructions ALL applications would be received and acknowledged. Those complaints relating to the Negative List would be addressed by informing the applicants of the alternate remedies available through already defined laws, rules, regulations and procedures.

All transactions during the process of grievance redressal are recorded and are available in both digital and printed formats.

Accountability: The Act, Rules and Notifications of the departments define specifically the responsibilities of each of the key players – PGROs, Public Authority, Appellate Authorities and Reviewing Authority. No ambiguity exists. In addition, failure to perform their functions as mandated, can lead to penalties (ranging from Rs.500 to Rs.5,000) as per the Act and Rules, and can invite departmental proceedings against the erring officers. Contract staff are managed through strict terms of reference and standards of performance. Any deviation can lead to eventual termination of the contract.

Time-bound services: The Act, Rules and Instructions clearly lay down the time limits for the following:

a. Grievance Redressal: 60 working days.

b. Failure to deliver service within the time limit can lead to Appeals

c. 1st and 2nd Appeals and Review Petitions to be filed within 30 – 45 working days of the issue of the Final Orders

d. Appeals and Review orders to be issued within 60 working days of receipt of the appeal/petition.

TRANSPARENCY

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FOR ANY OF YOUR GRIEVANCES

a. Single Window Registration And Processing: A resident does not have to go to different offices for each of his/her grievances. Any complaint against any authority can be registered through an on-line system, e-mail or a mobile application. In each of the 140 Public Grievance Counters across the state a complainant can physically register his/her complaint against any authority and have it processed in the same premise, irrespective of the department(s)concerned and receive an acknowledgement receipt with a unique 18-digit ID; this ID is the only requirement to access all information and documents later.

b. No Wrong Door Policy: At the application stage, no complaint would be rejected in the name of wrong domain, geography or that it belongs to the Negative List.. Where found appropriate, the PGRO would transfer the complaint electronically to the relevant authority with all details copied to the complainant.

c. Comprehensiveness and Symmetry in Information: From registration to redressal, all information is available to the two parties and the PGRO. No extra power can be extracted through information asymmetry by any public authority.

d. Tracking Absence Of Public Authority In Hearings: It is not compulsory for the complainant to be present. Persistent negligence/absence by a Public Authority, however, is brought to the notice of relevant authorities for necessary departmental action.

Unique Features

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e. ICT Facilitates Time-bound Redressal:

The applicant is expected to have his/her complaint redressed in a time-bound manner (60 working days). PGROs have been provided dashboard and facilities, and any deviation from time limit has to be justified by him/her in writing. In case of delays (justified or otherwise), the applicant is free to go on First Appeal.

f. Monitoring PGROs Ensures Non-collusion Between Them And Public Authorities:

The PGRO is an independent quasi-judicial authority and hence has no vested interests per se. As we stated later, the fact they are also monitored independently provides the additional safety valve to ensure that there is no collusion between PGROs and Public Authorities. This ensures power symmetry in the overall process.

g. PGRO’s Orders To Contain Reasons In Writing For Rejection:

If the complaint is ineligible, the PGRO, based on the weight of evidence gathered, has to state in writing in his/her order why a complaint is rejected. The applicant still has the freedom to go on First Appeal. All this information is available on the website with just the Grievance ID as the key.

h. Redressal As The Focus:

The BRPGR Act 2015 and its implementation are focused on redressal; not mere disposal of the case. In addition to the process itself supporting the focus on redressal, IT-supported monitoring by BPSMS of the Orders of PGROs assures quality control. The BPSMS takes up sample cases and follows up with PGROs to ensure that problems are solved in redressable cases. In addition, it reminds the PGROs that in cases of redressal, documentary proof of redressal, including in the form of an applicant’s statement of satisfaction should be obtained. For some examples in an audio-visual format please follow the link http://lokshikayat.bihar.gov.in/videogallery.aspx

i. Digitization And Cloud Storage:

All information regarding all grievances are digitized and stored securely in the Cloud.

Unique Features…continued

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Conclusions And Recommendations

CONCLUSIONS

• The most significant objective of ensuring citizen empowerment and power parity has been achieved through

the quasi-judicial mechanism mandated by the Act

• Efficiency in terms of percentage disposed to total applications received is excellent

• Efficacy in terms of redressal of grievances as a proportion of redressable grievances is also excellent

• The methodology adopted for implementation and the painstaking preparation for more than a year in building up

infrastructure, HR and IT systems has produced positive results

• Monitoring for redressal has introduced an aspect of working to achieve the spirit of the law, over and above its

letter

• Introducing improvements based on monitoring and feedback have made the implementation of BRPGRA a live

and continuously improving process

RECOMMENDATIONS

• PGRO orders have to be more systematically studied for patterns of nonconformity to instructions issued by the Government of Bihar

• While a pareto analysis has been done identifying the top services and departments that contribute to more than 80% of the grievances, a study

should be conducted to identify the root causes of the grievances. This would help in Departments taking proactive steps to eliminate a number of

minor and frivolous grievances.

• To further strengthen M&E, a review cell with competent skilled personnel in public service delivery and grievance redressal could be created.

Professionals from the market could be hired for this purpose.

PowerBefore Bpgra

Power AsymmetryAfter Bpgr Act

Power Symmetry

Result

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Effective Redressals

STRICT ACTION LEADS TO RELEASE OF LRC

Md. Mansoor Alam was disturbed as even after judgement of High Court, the land rent receipt was not being issued by Halka Karmchari, which led him to run from Circle Officer to Halka Karmchari. In the end he filed a complaint with Sub-Division PGRO, Khagaria against the conduct of Halka karmchari. Notice issued to Public Authority cum CO, Alauli as to why and by whose order the rent receipt of the complainant is not being issued. In third hearing of the case, PA was present with the land rent receipt issued after 2 years.

LAND ACQUIS IT ION COMPENSATION RELEASED

Ishwarchandra Vidyasagar’s land in Madhubani was acquired for SSB Camp but the compensation amount was not being released. He filed a complaint with District PGRO, Madhubani. Action taken by the PGRO led to release of Rs. 1.53 lakh through cheque.

Although we werepaying rent for the land since

2008-09 but were deprived of its complete possession for so many years, and through

this Act, the problem was redressed soquickly and peacefully.

Siko Paswan & others, Khagaria

Because of interventionof the PGRO, Police took action and

now my daughter has returned.For this I am very thankful to

the BRPGR system.Niranjana Gupta, Nalanda

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Effective Redressals

GRANT RELEASED AFTER 4 MONTHS OF AGRICULTURAL EQUIPMENT PURCHASE

Mahendra Kumar Singh, purchased Rotavator as per instruction from Agriculture Department from Krishi Mela, Patna but, did not receive the grant for the same from the Department. Aggrieved by the situation, he filed a complaint with District PGRO, Arwal. Acting as per the information, the Public Authority cum District Agriculture Officer, Arwal informed the PGRO that grant amount of Rs. 20,000/- was deposited in the A/c of the complainant. Complainant extremely happy with the redressal and thanked the Government for this ACT.

LABOUR CHARGES PENDING FOR 3 YEARS RELEASED

Sushil Kumar, Patna had done videography of Secondary and Intermediate examination of 2013-14. But after not receiving the payment for the assignment from Sub-Division Office, Barh, he filed a complaint with the Sub-Division PGRO, Barh. After the hearing, Public Authority was ordered to release the due amount to the complainant as per the approved rate and appropriate procedure. Cheque of Rs. 14,700/- was released to the complainant in compliance to the order issued. Complainant in his praise of the Act said, “because of this office the pending issue from years has been resolved”.

This Act is extremely beneficial for the poor as my

grievance was redressed within a month’s time and that too without any expenses on

my part.Mayakant Jha, Darbhanga

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2.5 Lakh GRIEVANCESREGISTERED

2.16 Lakh GRIEVANCES –POSITIVE LIST

91%DISPOSED

2.28 Lakh GRIEVANCES

DISPOSED

0.26 Lakh GRIEVANCES

NEGATIVE LIST

REDRESSING YOUR GRIEVANCES LEGALLY

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Source of Grievances

Since the launch of BRPGRA on June 05, 2016, a total of 2,51,816 complaints have been filed. The complaints are received at various sources viz.:

• Call Centre

• Online

• Post

• 140 Complaint receiving centres (101 Sub-Divisions, 38 Districts and 1 State level)

• Mobile app (since June 05, 2017)

Type of Grievances

Under BRPGRA, more than 475 schemes / programmes / services are included in the Positive list, and a citizen seeking any benefit / relief related to anyone of them can file a complaint.

Service matters, RTI, RTPS and Court cases (also some Department specific schemes / programmes / services) become part of negative list which are beyond the jurisdiction of BRPGRA.

Counter 2,13,167

Online 16,885

Post 13,271

Call Centre 8,493

Positive List 2,16,149

Negative List 25,782

Other than 7,409Positive and Negative

7%5% 3%

85%

10%3%

87%

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Grievances Disposed

Out of 2.5 lakh complaints filed, 2.28 lakh have been disposed. The categories of disposal are:

• Accepted

• Rejected – grievance non legitimate

• Alternative Remedy – belongs to common negative list/departmental negative list / or any appropriate grievance initially categorised as miscellaneous under the Act.

Grievances Pending

After disposal of 2.28 lakh complaints, 21,362 complaints are pending for disposal, out of which only 201 are pending beyond timelimit of 60 days.

In some of the cases, timelimit of 60 days may exceed based on the nature of the case. For such delays, justified reason and date for redressal is fixed.

11% Accepted 1,32,357

Alternative 70.026Remedy

Rejected 25,394

58%

31%

0.9%

99.1%

Pending within 21,362timelimit

Pending beyond 201timelimit

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PERFORMANCE- Top 5 Districts in Complaint Disposed

In the 38 districts of Bihar (combining the Sub-Division and District PGROs), the five districts with highest number of complaints disposed are Gaya, Patna, Sitamarhi, Darbhanga and Madhubani respectively. These districts are among the top 10 districts in terms of population as well.

Around 24% (54,016) of the total disposed complaints are from these top five districts.

In case of individual PGROs, the highest number of complaints disposed are by the Sub-divisional PGRO, Sitamarhi Sadar (Sitamarhi District) since June 05, 2016.

The top 5 PGROs account for 9% of the total complaints disposed.

PERFORMANCE- Top 5 PGROs

15,000

12,000

9,000

6,000

3,000

0

13,10112,400

10,744

9,062 8,709

Gaya Patna Sitamarhi Darbhanga Madhubani

Sub-Division PGRO, Sitamarhi Sadar

Sub-Division PGRO, Darbhanga Sadar

District PGRO, Gaya

Sub-Division PGRO, Araria

Sub-Division PGRO, Dumrao

4,987

4,227

3,791

3,353

3,324

0 1,000 2,000 3,000 4,000 5,000

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Top 10 Schemes/Programme/Services: Grievances Registered

In case of the complaints registered under this ACT, the highest number of complaints registered pertain to Encroachment (Revenue & Land Reforms Dept.) , followed by Indira Awas Yojana (Rural Development Dept.) and Land dispute/breach of peace (Home Dept.).

These 10 schemes/programmes/services comprise of 45.3% (1,03,235) of the total complaints registered.

Department wise analysis shows that highest number of complaints i.e. 28% of the total, registered are related to Revenue and Land Reforms Dept. (encroachment, land measurement, land rent receipt, etc.)

The following 5 Departments comprise 73% of the total complaints registered under this ACT:

• Revenue & Land Reforms Dept.,

• Home Dept.,

• Rural Development Dept.,

• Energy Dept., and

• Food and Consumer Protection Dept.

Top 5 Departments: Grievances Registered

Encroachment

Indira Awas Yojana

Land Dispute/Breach of peace

Public Distribution: supply of food grains/...

Electricity Bill related

Action/Inaction (Police)

Land Measurement

Land receipt

Adding/Removing name in Ration Card

Threat to life/security

19,464

13,761

13,584

13,045

10,252

8,794

8,098

7,491

4,497

4,249

0 4,000 8,000 12,000 16,000 20,000

Revenue & Land Reforms Department

Home Department

Rural Development Department

Energy Department

Food and Consumer Protection Department

Other Departments

28%27%

9%

9%11%

16%

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First Appeal

Second Appeal

BRPGRA provides option of filing an appeal if a complainant is not satisfied with the order issued in his/her case. Information about the appellate authority is given in each of the final order.

Against the 2.27 lakh cases disposed, a total of 23,869 first appeals were filed (10% of the total complaints disposed).

Complainants who are not satisfied with the order issued by first appellate authority, can file a second appeal. Information about the appellate authority is given in each of the final order.

Against the 21,147 first appeals disposed, a total of 6,583 second appeals were filed (28% of the total first appeals disposed).

Disposed 5,539

Pending 1,044

Total 2nd Appeals filed: 6,583

16%

84%

Disposed 21,147

Pending 2,722

Total 1st Appeals filed 23,869

11%

89%

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Revision Petition

As per the ACT, Public Grievance Redressal Officers, First Appellate authorities and Public Authorities can file a Revision Petition in the event of penalty imposed on them.

RS. 4.76 LAKHS IMPOSED

On A Total Of 172 Public Authorities

(on An Average About Rs.2,767 Per Person)

Disposed 156

Pending 30

Total Revision Petition filed: 186

16%

84%

PENALTY

26

Chargesheeted Public Authorities CO

Panchayat Secretary

BDO

Programm Officer (MNREGA)

Hulka Karmchari

ANM

SHO

Vikash Mitra

BEO

Block Supply Officer

Block Teacher

Medial Officer Incharge (PHC)

Dy. Collector Land Reforms

SDPO

Gramin Awas Sahayak

Asst. Director, Mines & Geology Dept.

Special Land Acquisition Officer

District Co-operative Officer

All data shown is upto 21.12.2017

1 1 1

11

7

433

2

2

11

11

1

1

1

2

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WAY FORWARD

• Document Repository created for online access to all the documents related to a complaint including the order

• Reducing the number of hearings for redressal of cases

• Provision of Digital signature for orders

• Continuous MIS Development for making a paperless system

• Regular updation of the list of schemes/programmes/services covered under the ACT

• Capacity building and knowledge sharing with PGROs for better implementation of the ACT

• An Action Study to Improve the Effectiveness of Monitoring to Achieve the Aim of Real Redressal, not mere Disposal (Technical Assistance by GROW Bihar)

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WAY FORWARD

• Extensive Campaigning to

Raise awareness of the common people regarding the important features of the Act / Rules

PGROs visiting villages to create awareness of the Act so that even the last person of the society at the grass root level is aware of the same and can benefit from the Act

Media Used: Voice Messages over telephone, Pamphlets, Hoardings

• Detailed plan has been prepared through IPRD for extensive awareness campaign

• An Advocacy Workshop to Showcase the Pioneering Legal Rights-based Grievance Redressal Policy by Bihar (Technical Support from GROW Bihar)

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Note

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MEDIA COVERAGE

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BIHAR PRASHASANIK SUDHAR MISSION SOCIETYGENERAL ADMINISTRATION DEPARTMENT

The Bihar Prashasanik Sudhar Mission Society was constituted in 2008 by the Government of Bihar to be the nodal agency to transform the way that government works in order to deliver better quality services to all its citizens, particularly the poorest and most excluded.

Toll Free No.:

1800-345-6284

Website: http://lokshikayat.bihar.gov.in

BIHAR RIGHT TO PUBLIC GRIEVANCE REDRESSAL ACT

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