Rajasthan State Human Rights Commission.

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CHAPTER II - PROCEDURE OF DEALING WITH COMPLAINTS OR SUO-MOTU ACTION

4. General

(a) Complaint may be made to the Commission in Hindi or English or in any of the languages included in the Eighth Schedule of the Constitution.

(b) No fee shall be chargeable on complaints.

(c) The complaint should disclose a complete picture of the matter complained against. The Commission may, if necessary, call for further information and may direct affidavits to be filed in support of the allegations, whenever considered necessary.

9. Complaints not ordinarily entertain able

The Commission may dismiss in limine complaints of the following nature:

(a) vague or anonymous or pseudonymous or illegible or trivial or frivolous;

(b) barred under Section 36 (1) of the Act;

(d) relates to civil dispute, such as property rights, contractual obligations;

(e) relates to Service matters or labour or industrial disputes;

(f) allegations are not against any public servant;

(g) allegations do not make out any specific violation of human rights;

(h) matter is sub judice before a court or tribunal;

(i) matter is covered by a judicial verdict or decision of the Commission;

(j) where copy of the complaint addressed to some other authority is received by the Commission and

(k) matter is outside the purview of the Commission.

10. Processing of Complaints

(a) Immediately on receipt of applications/communications, the Section Officer in the Law Division shall sort out the complaints and place them for scrutiny before the concerned Assistant/Deputy Registrar.

(b) Complaints and other communications requiring urgent action shall be placed before the Registrar, who shall arrange for urgent processing.

(d) After completing the scrutiny, the Assistant Register shall fill up Form A, in case of complaints found entertainable and, fill up Form B in case, the complaint found as not entertainable for any of the reasons mentioned in Regulation 9. He shall then forward the complaint with the scrutiny report to the Registration Section.

(e) If the communication is found to be not a complaint under Section 12 (a) of the Act, but relates to the other clauses of Section 12, the same shall be placed before the Secretary, who shall place it with a brief note before the Commission as early as possible.

11. Classification

Subject wise classification of the complaints shall be made as per the list in the Appendix-I, which may be modified or amended from time to time as per the orders of the Chairperson.

12. Registration

(a) A common register shall be maintained in the Law Division for entering, in serial order, the case number with the District Code and year of registration, the corresponding diary number and the District to which the incident relates in respect of each complaint to be registered. After completion of the scrutiny, entry shall be made in the common register and the case number assigned to the complaint along with the District Code shall be entered in the complaint in red ink and also in the space provided in the Scrutiny Report.

(b) Records relating to each complaint shall be kept separately and duly indexed and in separate file covers and the same shall be sent to the listing section, for placing the matter before the Commission.

(c) All complaints registered as aforesaid shall be placed before the Commission for consideration as expeditiously as possible and at any rate not later than seven days from the date of its receipt. In case a longer time is required, specific orders shall be obtained from the Chairperson.

(d) Complaints requiring urgent consideration shall be placed before the Commission, as far as possible within 24 hours of its receipt.

13. Constitution of Benches

Subject to such special or general orders of the Chairperson, all complaints shall be dealt with by a Single Bench of the Commission. If the Single Bench dealing with the case, having regard to the importance of the issues involved, is of the opinion, that the case should be considered by a Division or a Full Bench, the papers shall be placed before the Chairperson for assigning the case to such a Division Bench or Full Bench, if the Chairperson also concurs with that opinion. If the Chairperson feels that having regard to the importance of the matter the case should be heard by a larger Bench, the case may be referred to such a larger Bench, constituted for that purpose.

14. Preparation of Cause List

Cause list shall be prepared listing the cases under the following heads:

(a) For admission

Cases, which are prima facie not entertain able shall also be included in this head, so that the Bench shall pass order rejecting the complaint.

(b) For directions

Cases in which information or report have not been received, for issue of summons, requiring interim and interlocutory orders will be included in this head.

(d) Cases awaiting compliance.

(e) Review applications.

15. Posting of Cases

(a) Cases shall be included in the Cause List of each Bench as per the directions of the Chairperson.

(b) The case files of the cases posted in the Cause List shall be circulated to the Bench two days in advance together with the Cause List.

16. Preliminary Consideration and steps

(a) If a complaint is, after consideration, dismissed in liming, the said order shall be communicated to the complainant in Form-F. The case is then treated as closed.

(b) If the complaint is admitted or is taken cognizance suo-motu, the notice in Form-G shall be sent to the concerned authority enclosing a copy of the complaint. Such notice shall specify the time within which the information or the report has to be submitted.

17. Recording of orders

(a) Orders of the Commission shall be recorded in the Order Sheet. Lengthy orders shall be recorded on separate sheets and appended to the Order Sheet. Private Secretary attached to the member shall enter in the relevant column of the Order Sheet the date of the order and the number of the pages.

(b) In cases requiring urgent action in pursuance of the order issued by the Commission, the concerned Private Secretary shall send the file at once to the Registrar, who shall arrange for the communication of the order either by fax or telephone or speed post or telegram and then transmit the records to the concerned section for further action.

18. District wise Information Register

A register in Form-H shall be maintained for each District and the relevant information shall be entered as and when available in the relevant columns.

19. Preparation of Synopsis

(a) Upon receipt of the report or information called for, a detailed note in the form of a synopsis shall be prepared by the Deputy Registrar in Form-I and the case becomes ready for being placed before the Commission for final disposal.

(b) After considering the report or information, if the Commission disposes off the case without any recommendation, the case is closed.

20. Summons

(a) Summons in Form-J, indicating the purpose of summoning such person shall be issued in the following cases:

(1) to the complainant or any other person on his behalf to afford him a personal hearing,

(2) to any other person who, in the opinion of the Commission, should be heard for appropriate disposal of the case,

(3) to any person to cause production of records required by the Commission,

(4) to any person to be examined as witness,

(5) to any person whose conduct is enquired into and

(6) to any person, whose reputation, in the opinion of the Commission is likely to be prejudicially affected.

(b) The case in which summons has been issued for personal appearance of a person, shall be placed before the Commission, on the date noted in the summons for such personal appearance.

21. Ordering Investigation

(a) Whenever the Commission orders investigation by its Investigation Division or by any other investigating agency of the Central or State Government as provided in Section 14 of the Act, a copy of such order along with copies of the papers relevant thereto shall be furnished forthwith to such Division or Agency, calling upon it to conduct the investigation and submit its report within the time specified in the order.

(b) If report is not received within the specified time, the matter shall be placed before the Commission forthwith for further directions.

22. Communication of Recommendations

Whenever the Commission makes any recommendation after considering the inquiry report, a copy of the inquiry report along with its recommendation shall be sent within seven days from the date of such recommendation to the concerned government or authority calling upon it to furnish its comments on the report including the action taken or proposed to be taken within one month or such further time as the Commission may allow.

23. Follow up action

(a) If no comments are received within the specified time, the case shall be placed before the Commission forthwith for further direction.

(b) If comments are received, the case shall be placed before the Commission with a brief note indicating whether the recommendation of the Commission has been accepted in full or part or not accepted at all, the reasons for such non acceptance or part acceptance and the action that may be taken or proposed to be taken.

24. Procedure regarding Suo-Motu Action

The procedure contained in this Chapter shall mutatis mutandis apply to suo-motu action taken by the Commission.

25. Opportunity to persons before the Commission

The Commission may, in its discretion, afford a personal hearing to the petitioner or any other person on his behalf and such other person or persons as in the opinion of the Commission should be heard for the proper disposal of the matter before it and where necessary, call for records and examine witnesses in connection with it. The Commission shall afford a reasonable hearing including opportunity of cross examining witnesses, if any, in support of his stand to a person, whose conduct is enquired into by it or where in its opinion, the reputation of such person is likely to be prejudicially affected.

26. Publication

When the Commission passes order after inquiry under Section 17, the Registrar shall cause to:

(a) prepare a list of such cases furnishing particulars such as case number, name of the complainant, name of the Government or authority concerned and the date of the final order, with a further note that copy of the Inquiry report referred to in Section 18(6) of the Act are available for perusal in the library of the Commission.

(b) publish the list so prepared on the Notice Board of the Commission on the first working day of every month;

(c) send to the library of the Commission two sets of the documents referred to in Section 18 (6) of the Act and the further order, if any, passed by the Commission in each case;

(d) send simultaneously, free of cost, a copy of each of:

(1) the documents referred to in clause (c) to the complainant or his representative and

(2) the order referred to in regulation 23 (c) to the Government or the concerned authority.

27. Mode of communication

Unless otherwise ordered, all communications from the Commission shall be sent by ordinary post.

28. Review

(a) No party shall have a right to seek review of the order or proceedings of the Commission.

(b) If any application seeking review or modification of the order or proceedings passed by the Commission is received, the same shall be placed before the same Bench, which made the order along with the case file and the same shall be disposed off by such order as may be deemed proper.

29. Consignment of Records

Records of all cases finally disposed off shall be consigned to the Record section after completing the entries in the register in Form- H

30. Period of Retention of Records

(a) Unless otherwise ordered by the Chairperson, the entire records of disposed off complaints shall be weeded after the expiry of a period of two years from the date of final disposal.

(b) The register in Form-H, which contains detailed information regarding each complaint registered District-wise, shall be retained permanently.

31. Weeding of Records

(a) The record keeper shall identify the cases, the records of which are ripe for weeding and ensure that appropriate entries are made in the register in Form-H, regarding the date of weeding. A separate register shall also be maintained containing the list of cases taken up for weeding.

(b) Original documents shall be returned to the person who produced the same on his application at any time before weeding.

32. Periodical Statements

The Registrar shall arrange for the preparation of the following statements:

(1) district-wise monthly statement in Form - K

(2) district-wise monthly statement in Form - L

(3) district-wise yearly statement