Rule for disciplinary action against officers of Municipal Corporation & Zilla Parishad
Legal Remedies (English)

Rule for disciplinary action against officers of Municipal Corporation & Zilla Parishad

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The people are aware about the traditional ignorance of the education officers related to the Municipal Corporations and Zilla Parishad to implement various statutory provisions under The Right of Children to Free and Compulsory Education Act 2009 (RTE Act 2009).  However people fail to get justice or teach a permanent lesson to such errant officers  for want of ignorance of existing rules and regulations.

One of such rules to check the inefficiency of the education officers related to Municipal Corporations and Zilla Parishad has already been enacted in state of Maharashtra in the year March 2015 itself. The rule above mentioned clearly makes a provision that the final report about the irregularities and and non performance of statutory duties by the officers of the Municipal Corporations and Zilla Parishad must be filed before the state government within 2 months.

Not only the March 2015 rule above mentioned makes it mandatory that the final report about the non performance of official duties by the officers of the Zilla Parishad and Municipal Corporation should be submitted to the state government within 2 months but also it makes provision that if the concerned competent authority fails to to submit the report as per the provisions of rules above mentioned, they shall be held responsible for all the consequences arising out of any future legal proceedings too.
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Also if people act as per the provisions under the rules of March 2015 above mentioned and take cautious approach, then they can get the final report for the appropriate action against the misconduct or non performance of the statutory binding duties of the concerned Municipal Corporation as well as Zilla Parishad officer within 2 months only.
The Marathi (English not available) copy of the 7th March 2015 rules above mentioned can be viewed and downloaded through the link given below-
Rule Related to Disciplinary Action Against Officers of Municipal Corporation & Zilla Parishad Dtd.07.03.2015

The salient features of the rules of the School Education and Sports Department of State of Maharashtra Dtd.07.03.2015 are as follows-
1)
Generally in state of Maharashtra the action against the public servant is taken under The Maharashtra Civil Services (Discipline and Appeal) Rules 1979.  However the above mentioned rule has been enacted to expedite inquiry as well as action against the guilty public officers of the Municipal Corporation & Zilla Parishad who fail to discharge their duties under the Right of children to Free and Compulsory Education Act 2009 (RTE Act 2009).

2) The rule declares the local authorities as a competent authority and if the competent authority gets the permission from the Education Commissioner of State of Maharashtra, then the local authority can forward the final report to the Education Commissioner for appropriate legal action against the guilty officer.

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3) The important part of this rule is that the competent authority which decides to take appropriate disciplinary action against the concerned public officer has to submit the proposal to the education commissioner of state of Maharashtra under ‘List A’ and and if the same proposal is accepted by the Education Commissioner of State of Maharashtra, then the competent authority has to submit the Final Report of the misconduct and illegality committed by the concerned officer within 2 months.

4) Most important part many readers must have understood after reading the rules above mentioned is that in most of the cases the senior officers only issue the show Cause Notice to the officers against whom the citizens make complaint with relevant evidences, however as per the rules of 2015 above mentioned the competent authority has to take the permission of the Education Commissioner of the State of Maharashtra first and also submit the report not under the general format but under the ‘Lists A & B’ subsequently as explained in the rules above mentioned

5) The general people hence must keep this fact in their mind very clear that-
If the steps of permission for disciplinary action from the Education Commissioner of State of Maharashtra & subsequently the report under ‘List A’ is not submitted by the competent authority to the Education Commissioner of State of Maharashtra then there shall not be initiation of any disciplinary action against the concerned officer against whom such a complaint has been made and inquiry is conducted respectively.
In such circumstances the concerned competent authority or the department shall be held responsible for all the legal consequences for not submitting the report related to the misconduct or the illegality committed by the concerned education officer as per the Lists A & B with prior permission.

6) Education Commissioner after receipt of final report against the concerned officer by the competent authority under ‘Lists A & B’ for the initiation of disciplinary action, if required, shall make necessary changes within 10 days and submit the final proposal for the appropriate action to the state government.

7) The ‘Class A’ and ‘Class B’ officers have also been declared competent to take the action against the ‘Class C’ and ‘Class D’ officers provided that they get the the necessary permission from their senior competent authorities.

In nutshell, the common people should insist on forwarding the proposal to the Education Commissioner of State of Maharashtra mentioned under ‘Lists A & B’ under the rule of 7th March 2015 above mentioned and they should oppose merely issuance of general notice by the senior officers to their subordinate officers for their misconduct,  because the rules above mentioned clearly state that if the the reports are not sent under Lists A &B with prior permission of Commissioner of Education, then no action shall be taken against the officer against whom the citizen has made the complaint.

If the competent authorities do not pay attention to the demand of the common people to to forward the report under Lists A & B of the rules above mentioned, then the people should not waste anytime thereafter and immediately file a complaint before the courts or commissions like Maharashtra State Commission for Protection of Child Rights (MSCPCR), Lokayukt,  Human Rights Commission etc.

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-Adv.Siddharthshankar Sharma

Founder President-Bharatiya Krantikari Sangathan

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