Section 23 of The Gujarat (Right of Citizens to Public Services) Act, 2013 — Penalty and Compensation for mala fide action
Bare section text
Official Legislative Text
23.
- (1)The Designated Authority or the State Appellate Authority may impose a lump sum penalty against a designated officer responsible for rendering of service to which the applicant is entitled, or against a Grievance Redressal Officer, for acting in a mala fide manner or for having failed to discharge his duties without any sufficient and reasonable cause, which shall not be less than one thousand rupees and may extend up to ten thousand rupees, which shall be recovered from the salary of the official against whom penalty has been imposed: Provided that the concerned officer shall be given a reasonable opportunity of being heard before any penalty is imposed on him under this
Educational Study Layer
Summary
- The Designated Authority or the State Appellate Authority can impose a lump sum penalty for bad faith actions or failure to perform duties without a sufficient cause.
- This penalty can be imposed on a designated officer responsible for rendering service or on a Grievance Redressal Officer.
- The penalty amount must be at least one thousand rupees and can go up to a maximum of ten thousand rupees.
- The penalty is recovered directly from the salary of the officer who committed the fault.
- Before any penalty is imposed, the officer must be given a reasonable opportunity to be heard.
- A portion of the penalty, up to the full amount of the penalty, can be awarded to the appellant as compensation.
- If a public servant is found guilty of bad faith actions, their disciplinary authority must start disciplinary proceedings against them.
Practical examples
FAQ
1. What is the minimum and maximum penalty that can be imposed under Section 23 of the Act?
Under Section 23(1) of the Act, the penalty cannot be less than one thousand rupees and may extend up to ten thousand rupees.
2. How is the penalty money recovered from the officer under Section 23 of the Act?
Under Section 23(1) of the Act, the penalty is recovered directly from the salary of the officer against whom it has been imposed.
3. Must the officer be given a chance to explain before a penalty is imposed under Section 23 of the Act?
Yes, the proviso in Section 23(1) of the Act states that the concerned officer must be given a reasonable opportunity of being heard before any penalty is imposed.
Practice Quiz
Q1.An officer is found to have delayed a citizen's land document in bad faith without any reasonable cause. Under Section 23 of the Act, what is the maximum lump sum penalty that can be recovered from their salary?
Q2.Under Section 23(2) of the Act, what is the limit on the compensation that can be awarded to an appellant from the penalty imposed on an officer?
Q3.Under Section 23 of the Act, who can impose a penalty on a Grievance Redressal Officer appointed under Section 6 of the Act for acting in bad faith?
Q4.If a public servant is penalized for bad faith actions under Section 23(1) of the Act, what further action must be taken under Section 23(3) of the Act?