Sunday 22 December 2013

Cat has 9 lives! And government servant..?! (Part 15)

Raju’s question to aunty almost echoed in that small room.

“But, one more question Aunty. Why did the Shanbhag sound rude and almost arrogant? I have heard from my friends too that most of the government officials are similar, rude and arrogant. Why so, Aunty? Aren't they supposed to be humble as they are public servants? On the contrary, why do they behave like our bosses?”

Vani aunty smiled at him! “Raju, these government officials don’t come from Mars! They are one from amongst us. In-fact your uncle too, is a government servant! You have seen him talking to both of us very nicely. Isn't that so? I'm sure most government servants are also nice to their family and friends!

That brings us to the question as to why are they rude to the public? Let me tell you what your uncle told me long ago.
Rather than saying that all government servants are rude, it may be more appropriate to say that, many government servants are impolite with the public, most of the time.

The reason is simple. They do not take pains to be polite, because, they can get away with being impolite! And being polite calls for little effort, for most of us. Government officials are not ready to make that effort when it comes to the common man.

That's so, because, no one is going to remove them from their job, or even punish them for being impolite. Right?

In-fact, a common man can hardly do anything against a government servant, unless the common man is ready to invest his time and energy heavily on that issue. And most, can’t afford to do that! Most government servants know that intrinsically.

But, the same government servants will be extra polite, and at times bend backwards, for their senior officers! If you happen to hear them speak to their bosses, official or political, it will be just ‘sir…sir…sir…sir…sir…’ and hardly anything else! Lol!

“Oh yes Aunty! I have heard uncle too, talking like that to his boss!!!”
Aunty gave him a sharp stare! And then she laughed !!

“Yes, Raju! That’s because, they know their bosses can trouble them if they are not happy with them! Also, partially we have to blame our feudal culture and the practice of casteism, which does not allow us to treat everybody equally. Anyway, that is a bigger debate!”

“Aunty, you said that the common man is powerless before a public servant. But, can’t he complain against him? Say, if the Shanbhag asks for a bribe or delays work, can I complain to the Deputy Commissioner (DC), and ensure action is taken against him?”

“Haha! You are both right and wrong here! As I explained earlier, a complaint from the common man doesn't achieve much, unless followed up diligently and patiently.

Even if the complaint is serious, that may cost the Shanbhag his job, and yet he will escape! Like the cat, the Shanbhag has nine lives!!!”

“What Aunty? The Shanbhag has nine lives? How so?”

“Ok assume you write a complaint with all proof of the Shanbhag taking a bribe. Now, you address it to the DC? The DC will send it to the Tahsildar for immediate and necessary action. Then the Tahsildar will appoint a Revenue Inspector (RI) to enquire and give him a report.

The report of the revenue inspector will go the Tahsildar. Here the RI may reject your complaint! But, let’s assume that all of them concur with you. Let’s see how many levels it goes past!

From the RI, it will go to the Tahsildar. Tahsildar will send it to the Assistant commissioner (AC) with his opinion. The AC will send it to the DC with his opinion. Then DC will send the report to the Shanbhag to give his comments in defence, before taking action.

Assume the DC dismisses the Shanbhag from service. Then the Shanbhag will appeal before the Regional commissioner (RC). If it is rejected here, next he can appeal to the Revenue commissioner at the state level.

In the event of state rejecting his appeal, then Shanbhag can go to the administrative Tribunal. For Karnataka state, it’s called as Karnataka Administrative Tribunal (KAT).”

“What is this Tribunal Aunty?”

“A Tribunal is a special court, which is for hearing and disposing of certain types of cases. The Administrative Tribunal hears cases involved with the state administration. Thus the employees can go before the Tribunal.

Now, if the Tribunal rejects, then Shanbhag can appeal before the High Court! If the high court rejects his case, then he can again appeal before a bench, where more than one judge will hear the case.

Now, if the High court bench rejects, then he has the Supreme Court of India!

Now, tell me, doesn't the Shanbhag have nine lives?!!”

“Oops Aunty! I never knew of all these procedures And these must take a few years?”

“Of course! It may take many years! That’s why I said, the complainant too has to be persistent!

And, mind you, we assumed the ideal situation, where there won’t be any influence at any of these 9 levels! But, it’s quite possible the official will bring pressure from various quarters!

Also, it is quite possible that the Shanbhag may trouble the DC, by asking somebody to file fake complaints. Then the DC has to keep answering notices and appear in court for such cases! This will be additional work for him!

Now, let’s assume some 10,000 employees work under the DC in a district. Therefore, even, if the DC takes action on 1% of the worst employees, it amounts to 100 individuals! Of the 100, assume 10 persons file false cases on the DC in the police station, disabling the DC from doing any other work except answering these 10 complaints and attending court, instead of doing public work at the office! Now, is that a good situation for the public?!

So, the DCs generally avoid taking action unless he or she feels that the case is of a really serious nature like theft, murder or if trapped by Lokayukta etc. They will ignore small issues like misbehaving, absent from duty, coming late etc.

You will be surprised to know that in many places there are government officials who do not attend offices for months together without information and still no action is taken!”

Aunty took a long breath! “Abba, I talked for so long!”

“I understand aunty. God, it’s so complex! But, you said that I am also partially right, what was that?”

“You were right to the extent that when common people join together they become a formidable force! Instead of 2 of us, if we were 20, the Shanbhag would have talked in a polite manner. If we were 200, we could have even sat outside the office and demanded the Shanbhag come and meet us!!”

“Very interesting Aunty! But, why are they afraid of the crowd? Do they expect to be attacked?”

“No Raju, they are afraid of the crowd, because, crowds attract attention of public and media. They will come and report the incident on TV and make everything open and transparent! Media is also capable of helping form a public opinion.

Public opinion is one thing, which any democratic government is afraid of! Because public perception influences voting trend and thus decides the fate of the government!”

“Hmm, now I understand why government officials are afraid of crowds and media. In-fact, I remember the Shanbhag asked if we were from the media?! Lol!!

Aunty, one more question: Can we shorten these nine levels? Can we also stop bad officials’ from misusing the law? Can we ensure that no politician or officer interferes in such enquries?


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(To be continued next Sunday...)

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