Citizen Charter is an Utopian Idea which is almost impossible to implement. This idea is propagated by Popularists..
Perhaps, CITIZEN CHARTER is not necessary. What is really necessary is a friendly lawyer who can file suit for you for damages against any Government :Statutory or Municipal Body under Law of Torts, for any delay or negligence in providing you public services. Once the suit is filed, Court will take over from there and in addition may award you exemplary damages also so that concerned Government servant or Department does not delay and does not become negligent in other matters of other citizens also.
Law of Tort is not much ploughed by judiciaryi in India because few lawyers have tried to study this subject to specialize in filing Damage Suits under law of Tort.
The Law can be explained in one line like this, "If anybody does you any wrong whatsoever, you can knock the doors of Court and Court will award you damages from whosoever may have wronged to you,"
"Whosoever" includes all government departments, all government hospitals, all municipal bodies, all government public secotor bodies etc.
It does not matter whether Government body is giving free services or whether it is charging some fee. If you do not get water for one day from municipal body, you can ask for damages under Law of Tort. If you feel that Government Hospital has not treated you or your relative properly, you can file a suit for damages against Government Hospital. The Charity Hospitals who may be providing free treatments to people, are also liable for damages under law of Tort.
Recently, this law has been re-examined by the Legendary Jstice Markendey Katju in a 2008 judgement, where he examined all earlier leading Indian and Foreign cases under Law of Tort and clarified that in India, Suits under Law of Tort can be filed against even Governmental and Statutory bodies who may be providing free services.
So in my view, CITiZEN CHARTER is an Utopian idea which is impossible to be implemented. There is no need for Citizen Charter when Supreme Court has armed people with power to file suit for damages against all Government and Statutory bodies.
Whenever you feel very very angry against any Government Department, all you need to do is to find a friendly lawyer who may have some expertise in Law of Tort. He will advise you what to do..
Disclaimer: This is not supposed to be a legal advice. If you do anything whatsoever on basis of whatever said above, you do it at your own risk and you are responsible. I am not Liable under Law of Tort or for any other law if you do anything on basis of this academic article.
Perhaps, CITIZEN CHARTER is not necessary. What is really necessary is a friendly lawyer who can file suit for you for damages against any Government :Statutory or Municipal Body under Law of Torts, for any delay or negligence in providing you public services. Once the suit is filed, Court will take over from there and in addition may award you exemplary damages also so that concerned Government servant or Department does not delay and does not become negligent in other matters of other citizens also.
Law of Tort is not much ploughed by judiciaryi in India because few lawyers have tried to study this subject to specialize in filing Damage Suits under law of Tort.
The Law can be explained in one line like this, "If anybody does you any wrong whatsoever, you can knock the doors of Court and Court will award you damages from whosoever may have wronged to you,"
"Whosoever" includes all government departments, all government hospitals, all municipal bodies, all government public secotor bodies etc.
It does not matter whether Government body is giving free services or whether it is charging some fee. If you do not get water for one day from municipal body, you can ask for damages under Law of Tort. If you feel that Government Hospital has not treated you or your relative properly, you can file a suit for damages against Government Hospital. The Charity Hospitals who may be providing free treatments to people, are also liable for damages under law of Tort.
Recently, this law has been re-examined by the Legendary Jstice Markendey Katju in a 2008 judgement, where he examined all earlier leading Indian and Foreign cases under Law of Tort and clarified that in India, Suits under Law of Tort can be filed against even Governmental and Statutory bodies who may be providing free services.
So in my view, CITiZEN CHARTER is an Utopian idea which is impossible to be implemented. There is no need for Citizen Charter when Supreme Court has armed people with power to file suit for damages against all Government and Statutory bodies.
Whenever you feel very very angry against any Government Department, all you need to do is to find a friendly lawyer who may have some expertise in Law of Tort. He will advise you what to do..
Disclaimer: This is not supposed to be a legal advice. If you do anything whatsoever on basis of whatever said above, you do it at your own risk and you are responsible. I am not Liable under Law of Tort or for any other law if you do anything on basis of this academic article.
