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Section 16

The Haryana Right to Service Act, 2014State Act of Haryana · Act 4 of 2014

(1) The Chief Commissionet or Commissioner may, at any time by writing under his hand, addressed to the Governor of the State, resign from his olfice,

(2) The Chief Commissioner or any Commissioner shall be removed from his office only by order of the Governor on the ground of proven misconduct, misbehavior or incapacity, after the Punjab and Haryana High Court, ona reference made to it by the Governor, has on inquiry, reported that the Chief Commissioner or any Commissioner, a8 the case may be, ought to be removed on such ground.

(3) The Governor may suspend from office, and if deem necessary, prohibit also from attending the office during inquiry, the Chief Commissioner or the Commissioner, in respect of whom a reference has been made to the Punjab and Haryana High Court under sub-section (2), until the Governor has passed orderson receipt of the report of the Punjab and Haryana High Court on such reference.

(4) Notwithstanding anything contained in sub-sections (1) and (2), the Governor may, by order, remove from office the Chief Commissioner or Commissioner, as the case may be, if he;— fa) is adjudged an insolvent; or

(b) has been convicted of an offence which, in the opinion of the Governor, involves moral turpitude: or

(c) engages during his term of office in any paid employment outside the duties of his office: or fd) is, in the opinion of the Governor, unfit to continue in office by reason of infirmity of mind or body; or ic) has acquired such financial or other interest as is likely to affect prejudicially his functions as the Chief Commissioner or Commissioner.

(5) If the Chief Commissioner or Commissioner in any way is concerned or interested in any contract or agreement made by or on behalf of the Government of the State or participates in any way in the profit thereof or in any benefit or emoluments arising there from otherwise than as a member and in common with the other members of an ncorporated company, he shall, for the purposes of sub-section (2), be deemed to be guilty of misconduct.

Resignation, removel and suspension of Chief Commissioner or Commissioners.

Lid HARYANA GOVT. GAZ. (EXTRA.). MAR. 26, 2014 (CHTR. 5, 1936 SAKA) Powers and 17. (f) It shall be the duty of the Commission to ensure proper functions of Conimission, implementation of this Act and to make suggestions to the State Government for ensuring better delivery of services. For this purpose the Commission may,—

(a)

(b) ic) td) (©) entertain and dispose of revisions under section 10;

i take suo mote notice of failure to deliver service in accordance with this Actand refer such cases for decision to the First Grievance Redressal Authority or the Second Grievance Redressal Authority or pass such order, as may he appropriate, carry out inspections of offices entrusted with the delivery of services and the offices of the First Grievance Redressal Authority and the Second Grievance Redressal Authority;

recommend Departmental action against any officer ‘or employee of the State Government, who has failed in due discharge of functions cast upon him under this Act;

recommend changes in procedures and process reengineering for delivery of services which may make the delivery more transparent and easier:

Provided that before making such a recommendation, the Commission shall consult the Administrative Secretary in-charge of the Department which is to deliver the service;

(f)

(g)

(h)

(i) recommend additional services to be notified under section 3 and may also suggest modifications in the notifications already issued for better implementation of this Act:

issue general instructions, not inconsistent with the provisions of this Act for the guidance of Designated Officers.

the First Grievance Redressal Authority and the Second Grievance Redressal Authority;

impose penalty on Designated Officer or any other official involved in the process of providing such service up to a sum of twenty thousand rupees, as deemed fit under the circumstances of the case and allow compensation up to five thousand rupees, to be paid to eligible person by defaulter:

review its decisions, directions and arders.

(2) Where the Commis: ‘an ig satisfied that there are reasonable grounds to inquire into a matter arising out of the provisions of this Act. it may, suo moto, initiate an inquiry in respect thereof.

HARYANA GOVT. GAZ. (EXTRA.), MAR. 26, 2014 111 (CHTR. 5, 1936 SAKA)

(3) The Commission shall, while inquiring into any matter under this section, have the same powers as are vested in a Civil Court while trying a suit under the Code of Civil Procedure, 1908, in respect of the following matters.

namelyi—

(a) summoning the parties;

(bh) receiving oral evidence on oath or written evidence on affidavits;

(c) requiring the discovery and inspection of documents;

(d) requisitioning of any public record from any office;

(e) obtaining copies of record from any court in accordance with law;

(f) issuing summons for examination of witnesses or documents;

and

(g) any other matter, which may be prescribed,

(4) The Commission may frame its regulations for the conduct of its business and any such matter, as it may deem fit only after the approv al of the State Goverment.

Where this provision sits

ActThe Haryana Right to Service Act, 2014
Section16
JurisdictionState of Haryana
StatusIn force as published by the source

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