Congratulations , Shri Narwekarji [ Speaker - Maharashtra Legislative Assembly ]

 Subject: 

Commending your stand on accountability and a proposal for systemic reform

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Dear Shri Narwekarji,

[  rnarwekar1@hotmail.com  /  mahacpa52@gmail.com  ]

I am writing to express my heartfelt appreciation for your recent, principled stand

 regarding the tragic death caused by an open manhole in Mumbai. Your assertion

 that officials responsible for such negligence should face charges of culpable

 homicide is a refreshing and vital intervention. It highlights a critical gap in our

 administrative culture: the absence of effective personal accountability for the

 consequences of official negligence.

For years, I have advocated for the enactment of a "Service Liability Act" to

 address this culture of impunity. While I understand that such a legislative reform

 may take time to gain political momentum, the urgency of the situation demands

 immediate, actionable steps. If the introduction of a comprehensive bill is not

 immediately feasible, I earnestly urge you to use your considerable influence with

 the Maharashtra Government to pursue the following measures:

1. Amendment of Service Rules: 

Direct the government to amend the existing "Service Rules" for government

 servants. These rules should explicitly hold public servants liable for prosecution

 under current applicable laws when they fail to discharge their responsibilities

 towards citizens due to negligence or deliberate omission.

2. Accountability in Appointments: 

As an urgent administrative action, the government should amend the

 appointment letters for all new recruits and all existing ( current ) Govt officers.

 These letters must incorporate a clear "Liability Clause" outlining the professional

 responsibilities of the appointee and the specific consequences—including

 departmental and legal punishments—for failure to perform those duties.

To assist in this process, I have drafted the following clause for your consideration:

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Proposed "Service Liability" Clause (for Appointment Letters)

"The appointee acknowledges that the public office held is a position of trust and

 responsibility towards the citizens of the state. The appointee shall be held

 personally liable for any loss, damage, injury, or loss of life caused to a citizen or

 the public exchequer due to the appointee’s negligence, gross incompetence, or

 failure to perform mandated duties (Acts of Omission). In such instances, the

 appointee shall be subject to disciplinary proceedings, recovery of damages, and,

 where applicable, prosecution under the Indian Penal Code and relevant state

 laws, notwithstanding any existing administrative immunities."

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I firmly believe that without clearly defined personal liability, the cycle of

 administrative negligence—and the resulting tragedies—will continue unabated.

 Your leadership on this issue could catalyze the systemic change required to

 ensure that public service is defined by accountability, not just by authority. An

 appointment letter must be held as a " SOCIAL CONTRACT " 

I have detailed my broader proposal for a "Service Liability Act" in my earlier

 writings, which I would be happy to share in further detail should your office

 require it. Thank you for your time and for your commendable commitment to

 public safety and justice.

Yours sincerely,

Hemen Parekh

www.HemenParekh.ai / www.ntaNEET.net / www.My-Teacher.in

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Sources

#	Title	Date	About
1	Needed : a Service Liability Act	2019-06-01	A conceptual framework for holding public servants accountable for damage caused by their negligence.
2	Shri Meghwalji : Who killed 288 in Train Tragedy ?	2023-06-01	Proposes a specific draft of a "Service Liability Bill" to punish crimes of omission.