MY VISION AND THOUGHTS -----FOR ---- Ministry of Implementations And Orders(on the Judgments /Directions/Orders, etc. of the Supreme Court/High Courts, and of other Governmental Agencies)-AND TO OVER-SEE IMPLIMENTATION OF HONOURABLE SUPREME COURT’S/AND OTHER HONOURABLE HIGH COURTS’JUDGMENTS/ORDERS/DIRECTIONS, ETC; AND THAT OF OTHER GEOVERNMENTAL ORDERS/DIRECTIONS/NOTIFICATIONS/ETC………………
In so far as I could perceive there is no any other Governmental Machinery to look into and solve the problems of the Victim/Respondent/Petitioners- in cases where the Sufferer/s has succeeded in the course of his long fight for Justice through Honorable Courts of Law,CAT,etc, wherein the different Hon’ble High Courts and the Hon’ble Supreme Court also, in different Verdicts gave Judgments/Orders/Directions, with stipulated time for implementation of its Orders,etc, and in many of the cases it is seen that the same has not been complied with, and /or even if taken the Administrators take their own time and leisure, whereby the sanctity and the spirit of the Judgment/Orders become not useful to many , as for e.g.by which time the Justice seeker/or other beneficiary shall retire, and no further steps taken to do justice.
This is with special reference to the plight of the persons-including Group'A'Cadre /Promotes from departmental quota, who were made to work on ad-hoc basis for several years/rather decades and finally retire as such without confirmation/regularization, which the Governmental Body like the UPSC and the RPF had made it(regularization)as the must and should criteria and the most essential qualification for consideration to get the next higher rank of promotion, and the RPF departmental Officers of Group’A’Cadre Post have become the very easy target to make them unfit only on the ground that they have not been regularized and/or as such their names have been not considered for further promotion at par or as that of their Junior/direct officers- whose services are being regularized/confirmed just after completion of three years of service and they are being promoted immediately on completion of three years of service. At times even by creating additional/extra or ad-hoc posts to suit to their requirement to fill up the posts .But the same is denied to the departmental Group’A’Officers (ASCs) in the RPF (Railway Protection Force) on the plea of no DPCs were held and they not considered for promotion. These types of cases are plenty in RPF,non-regularization and close the grievance as their case has been taken up for consideration for next higher rank promotion but for their non-regularisation,on account ‘no DPC held’ ( on whose fault) -- as such/hence their names dropped from the lists of panel( announced covering several Years of vacancies). In later years, against the same back log vacancies the other juniors shall be promoted to higher scale of pay and rank, duly ignoring the names of the seniors who were in service on the date/year when such vacancies arose.
They/the Administration, very conveniently and to suit to their terms, keep all the Judgments/Orders/Directions of the Hon’ble Supreme Court, and that of Hon’ble High Courts, in different cases verdicts not taken into account about conducting of regular DPCs, for which the sufferers are no other than the seniors and but as per age / superannuation retire.
The Administrative Authority also does not heed to any of the Government’s Notifications/Orders/Directions and the Lot issued by the UPSC/DoPT/Ministry of Railways, other Esstt.Rules, etc and so on in specific terms about DPCs. The Victim makes several representations citing all or relevant Orders to seek Justice through their Ministry/Railways/Railway Board/RPF but his application do not see the light of the day. The victim shall not even get any reply from them. My case is one of such nature. { No.VS/RPF/ASC/Repn/2011/1 Date: 30-6-2011--My Request / Grievance Registration-Number : PRSEC/E/2011/10472}: In fact in my case, the Hon’ble President of India Secretariat had promptly taken up the issue and sent the case for further necessary action to the Ministry of Railways, Railway Board, New Delhi- some in July,2011,but ironically even after six months nothing seems to have moved in the Ministry of Railways/Railway Board/RPF , and not even a reply received from them as to the fate of case and its hanging position or where it is now lying and in whose hands.
In this context may express that everyone/victim cannot go to the /Court of Law for one the same and similar case, wherein the Hon'ble High Courts and the Hon'ble Supreme /Court too delivered Judgments/Orders/Directions to the RPF to conduct DPCs regularly and the Pay Commission Recommendations, other Rules connected thereto did made categorical Orders, but the Administration /RPF had not note of the same ,even now, and on all such cases, it may also, may not be possible to go for Contempt of Court,etc.
In the circumstances enumerated above, I firmly believe that the Governmental and other Ministry’s/Agencies Working under them shall have to be streamed lined for better service to its employees and upkeep the Values and Traditions of the Hon’ble Supreme Court’s Orders,etc, and other Hon’ble High Courts Judgments/Orders, by creating a separate and independent MINISTRY--(like that of Ministry of Pensions)-Ministry of Implementations And Orders(on the Judgments /Directions/Orders, etc. of the Supreme Court/High Courts, and of other Governmental Agencies) and see that the there shall be no further victimization and legitimized on the part of the Administration and that , it shall be made clear that they respect the Hon'ble Court’s Orders in letter and spirit or else the defaulter shall be taken-up severely. There shall be clarity that non-implementation and not following the established Rules and the Law,etc shall be treated as ‘Contempt of Court’ and Contempt action initiated ab initio on su motto basis. For each and every matter of non-implementation of the Court’s Orders/Judgments, etc, each and every person to that point shall not be made to go to the Court Again and again and at least for Contempt cases. Not-abiding and respecting the Law and its Orders, just avoiding or ignoring, then there shall be no end for the Justice. Justice delayed is Justice denied may be true; Justice once Pronounced for Implementation.
Its non-implementation is more dangerous to the person and to the Society, and Justice is also buried in some person’s hands/the Administrator, a representative of the established Government in India; this ultimately leads to bad-government, lead to corrupt practices, White Collar Crimes by the vexed- personalities /groups, interested parties, brokers/agents, and joining hands into un-social acts/antisocial groups, etc…
If the Government once create-Ministry of Implementations And Orders(on the Judgments /Directions/Orders, etc. of the Supreme Court/High Courts, and of other Governmental Agencies) there shall be a check on such matters; It is my considered opinion, that the Governmental Bodies under the Bureaucratic working System shall definitely yield and work honestly,atleast to keep the Verdicts of the Hon’ble Courts Orders alive, and other Rules,etc, and that the proverb- Justice is not only done and/but that there is another Agency which shall be keeping an Eagle’s Eye on their activities and non-implementation/ not-abiding of the Orders shall become their bottle neck for legal action, including Contempt of Court, etc.
Let there be a day to see this vision, as that of the Ministry of Pensions now taking care of the Pensioners to the entire satisfaction of the Pensioners. Likewise, let the Government shall also think with future prospective specially keeping in view of the non-implementation of several persons cases ( if you call for such matters-I feel some thousands and lakhs of victimized in the hands of the HODs/and others shall come before YOU on record with all records, etc.)
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