LEGAL NEWS

With an aim to provide public services in a time-bound manner, the Rajasthan government on Monday implemented the Public Service Guarantee Act in the state. The Act, which covers 108 services of 15 major government departments, envisages a time-bound performance of duties by government officials and has a provision of cash penalty for the offenders. The act came with the purpose that all public servants and representatives should playactive role in disseminating information about the act remote areas so that more and more people can take advantage of it The Public Service Guarantee Act includes services pertaining to departments of Police, Finance, Energy, Medical, Traffic, Public Health Engineering, Food, Housing, Water Resources and Social Justice among others. As per the provisions of penalty, the competent appellate officer may impose a penalty which shall not be less than Rs 500 and not more than Rs 5,000. The appellate officer may also impose a penalty of Rs 250 per day on undue delay. The Hon’ble Supreme Courts lays down guidelines in the matter of Damodar S. Prabhu Vs. Sayed Babalal H.for the purpose of compromise between the parties.

(I)In the circumstances, it is proposed as follows:
A) That directions can be given that the Writ of Summons be suitably modified making it clear to the accused that he could make an application for compounding of the offences at the first or second hearing of the case and that if such an application is made, compounding may be allowed by the court without imposing any costs on the accused.
B) If the accused does not make an application for compounding as aforesaid, then if an application for compounding is made before the Magistrate at a subsequent stage, compounding can be allowed subject to the condition that the accused will be required to pay 10% of the cheque amount to be deposited as a condition for compounding with the Legal Services Authority, or such authority as the Court deems fit.
C) Similarly, if the application for compounding is made before the Sessions Court or a High Court in revision or appeal, such compounding may be allowed on the condition that the accused pays 15% of the cheque amount by way of costs.
D) Finally, if the application for compounding is made before the Supreme Court, the figure would increase to 20% of the cheque amount.