Context :
Bombay
HC talks tough on child malnutrition /
Hindu / 23 Aug 2021
Extract :
Ø The Bombay High Court on Monday said if
there are more deaths of children due to malnutrition in the Melghat region in
Maharashtra, it will hold the principal secretary of the State Public Health
Department responsible.
Ø The court was informed by the petitioner
that in the last one year, 73 children had died in the region due to
malnutrition.
Ø State counsel Advocate Neha Bhide, told
the court that all steps were being taken to address the issue.
Ø To this, the court said, “If your
(government) machinery is so well equipped, then why have there been 73
incidents of children deaths due to malnutrition?”
Ø The court went on to say, “If on the next date of hearing we are informed
that there have been more deaths of children due to malnutrition, then we will
hold the principal secretary of the State Public Health Department responsible. The Public Health Department secretary
has to rise to the occasion.”
Dear Hon Judges of
Bombay High Court,
Thank you for making
absolutely clear as to “ WHO
“ ( a person, not a vague department name ) you will hold responsible
That said, in case
of a default, what “ punishment “ can you hand
down to that person ?
In absence of an
appropriate law, could you hand down ANY punishment at all ?
Our constitution
allows you to only “ Interpret “ existing laws
It does NOT allow
you to “ Enact “ a new law
At the same time,
nothing stops you from “ Recommending “ passing
of a new law , to punish bureaucrats for committing CRIMES of OMISSION , as explained at some
length in my following blog ( earlier sent as e-mail to our Cabinet Ministers /
State Chief Ministers etc ) :
Ø Needed
: a Service Liability Act…………………………. [ 12 June 2019 ]
Extract :
To hold every Public Servant “
accountable “ for causing hurt / damage to any citizen , what we urgently need
is a “ Service Liability Act ( Govt
Employees ) 2019 “ , which clearly spells out :
# Extent of hurt / damage
Minor
injuries / Temporary-permanent Disabilities
/ Deaths
Individual
Citizen / Community / Entire
Country
# Time Frame
Short
term / Medium Term / Long Term
# Economic Impact on the Sufferers
Mild (
loss of money ) / Medium ( loss of assets ) / Severe (
loss of earning capacity )
# Cause
· Negligence ( abdication of responsibility ) / Indecisions on part of a Public
Servant
· Poor
but honest decisions
· Mala-fide
decisions ( with pecuniary gains for decision taker )
Here is my
Conceptual Frame Work for an Online Rating Form :
==================================================
SLAM : Service Liability
Assessment Matrix
( an online form / Mobile App , for rating by citizens )
|
Assessment Parameter |
Weightage |
Most (5) |
Certain (4) |
Possible(3 ) |
Negligible(2) |
Least ( 1 ) |
|
Extent of Hurt |
20 % |
|||||
|
Coverage |
30 % |
|||||
|
Time Frame |
10 % |
|||||
|
Economic Impact |
30 % |
|||||
|
Perception ( Most likely reason for
mishap ) |
10 % |
TOTAL : …………{
Call it “ AQ = Anger Quotient
“ or “ WS = Wrath Score “ }
==================================================
Let the Service Liability Act ( Proposed ) , prescribe various levels of
punishments ( for Govt Employee/s , determined responsible for the root-cause of this mishap )
With regards,
Hemen Parekh / hcp@RecruitGuru.com / 26
Aug 2021
CC :
Legislation
or No legislation ! …………………….[ 06 Nov 2019 ]
Extract :
In matter of the stubble burning creating a “ life and death “
situation for citizens of Delhi, the Supreme Court seems to be telling the
Chief Secretaries of Punjab – Haryana – Rajasthan – UP :
“ Just because there is no law to hold you accountable for playing with the lives of millions of citizens , does not mean , you can wash your hands off your responsibility .
We, the Supreme Court , are not here
, merely to “ interpret “ the existing laws. In the interest of the
citizens, we have also the
responsibility to compel the legislative wing to “ enact “ appropriate laws
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