Delay In Issuing Death Certificate: Orissa HC Asks Bhubaneswar Municipal Corporation To Introduce 'Citizen's Charter', Set Service Delivery Timelines

In order to usher a change in the attitude of municipal officials serving the general public, the Orissa High Court has directed the Bhubaneswar Municipal Corporation (BMC) to introduce a 'Citizen's Charter' highlighting the commitment of the Corporation towards citizens.

While expressing grief over delay in services provided by the BMC, the Single Bench of Dr. Justice Sanjeeb Kumar Panigrahi observed:

"Introduction of Citizen's Charter could be a pioneering influence in shaping the initiatives undertaken by the BMC. A hand-holding exercise is necessary on the part of the BMC to undertake for the citizens to ensure delivery of its services in time to fulfill the Citizen's Charter."

The development comes in a petition seeking a direction to the Commissioner, BMC for providing 'death certificate' of petitioner's husband, who died of COVID-19.

It was submitted on behalf of the petitioner that she is from a very poor background and struggling hard to make the ends meet as her deceased husband was the sole bread-earner in the family.

It was further submitted that the ex-gratia amount of Rs. 50,000/- can only be granted to her if she provides the death certificate. However, despite the delay, the BMC authorities have not paid any heed to her request.

At this juncture, the counsel for the BMC apprised the Court that all documents relating to the death of the deceased will be provided to the petitioner within three working days.

Accordingly, the Court directed the BMC to issue the death certificate as well as other relevant documents to the petitioner within three days.

Direction for Introduction of Citizens' Charter

The Court, however, lamented the unreasonable delay in providing these essential documents to the people which is causing unnecessary public harassment to the BMC.

Justice Panigrahi suggested that introduction of a citizen's charter by the BMC can be a 'pioneering' step.

He stressed that Information and Facilitation Counters and Public Grievance Cells need to be established. He also underlined the importance of introducing new software for redressal of grievances.

"Further, new software for public grievance redress and monitoring system need to be developed in order to enable a centralised system of redressal and monitoring so that people who are in the darker side of the digital divide can also be benefitted from different E-seva Kendras."

Accordingly, the Single Bench directed the Commissioner, BMC to spell out the commitment to fulfil the needs of the citizens and ordered:

"It is at the backdrop, this Court directs the BMC to introduce a CITIZEN'S CHARTER declaring the Corporation's commitment to achieve excellence by setting a target of timely delivery of services including issuance of different Certificates like the present one."

The Court further clarified that the commitments include the time limits for citizen-centric services, compensation to citizens in case of delay in delivery of service, launching of a grievance redressal system for the general public, providing quality service and information related thereto in simple language, preferably in 'Odia'.

Justice Panigrahi also ordered the authority to prepare the Citizen's Charter at the earliest by consulting various stakeholders. He also highlighted that the charter must instil the 'culture of courtesy' and 'helpfulness' in the municipal body.

The BMC is now required to file affidavit by August 13, 2024 showing the proposed notification of the citizen's charter.

Case Title: Sakhilata Sahoo v. State of Odisha & Ors.

Case No: W.P.(C) No. 6936 of 2024

Date of Order: July 10, 2024

Counsel for the Petitioner: Mr. Bijaya Kumar Nayak (3), Advocate

Counsel for the Respondents: Mr. Debasis Mohapatra, ASC for the State; Mr. Kali Prasad Nanda for the BMC

Citation: 2024 LiveLaw (Ori) 59

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