Mechanism of Appeal
First Appellate Authority
Under Section 9(1) of the MRPS Act any eligible person whose application for a public service is rejected or not provided within the stipulated time limit may file an appeal before the First Appellate Authority within 30 days from the date of rejection or expiry of the time limit, with provisions for extension up to 90 days in exceptional cases if sufficient cause is shown. The First Appellate Authority, appointed under Section 8(1) as an officer superior to the Designated Officer i.e. not below Group B rank, must decide the appeal within 30 days, directing the Designated Officer to provide the service if warranted or rejecting the appeal with written reasons. Before deciding, the Authority is required to provide an opportunity of hearing to both the appellant and the Designated Officer or their authorized representative. If the Authority finds the Designated Officer at fault without reasonable cause, it can impose a penalty ranging from ₹500 to ₹5,000 under Section 10(1)(a). The Authority holds powers akin to a civil court under the Code of Civil Procedure, 1908, for matters like document production, inspection, and issuing summons as per Section 9(5). This stage ensures initial redressal with emphasis on timely resolution and accountability.
Second Appellate Authority
As outlined in Section 9(3), a second appeal against the order of the First Appellate Authority can be filed by the eligible person before the Second Appellate Authority within 30 days of receiving the order, or within 45 days from the filing of the first appeal if no order is received, with extensions up to 90 days possible for sufficient cause. The Second Appellate Authority, appointed under Section 8(2) as an officer superior to the First Appellate Authority, must dispose of the appeal within 45 days, either directing service provision, confirming or varying the penalty imposed by the first level, or rejecting the appeal with recorded reasons. An opportunity of hearing must be given to the appellant, Designated Officer, or their representative before any decision, as mandated in Section 9(4). Under Section 10(1)(b), if the Designated Officer is found in default without cause, the Authority can confirm or modify the penalty up to ₹5,000 after providing a hearing. Like the first level, it possesses civil court powers for evidence and summons under Section 9(5). For repeated failures by the Designated Officer, the Authority informs the Competent Authority under Section 12 to initiate disciplinary proceedings after a show-cause notice and hearing.
State Commission for Right to Services
Section 18(1) allows the eligible person or Designated Officer aggrieved by the Second Appellate Authority’s order to appeal to the Maharashtra State Commission for Right to Services within 60 days of receiving the order. The Commission, constituted under Section 13 with a Chief Commissioner and Commissioners for revenue divisions, must dispose of the appeal within 90 days after providing all parties an opportunity to be heard, as per Section 18(2). It can impose penalties on the Designated Officer or First Appellate Authority, vary or cancel existing penalties, or order refunds of penalties paid, in addition to broader powers under Section 16 like suo motu inquiries, inspections, and recommending departmental actions or procedural changes. Under Section 10(2), the Commission can penalize the First Appellate Authority for repeated failures or undue protection of erring officers, with penalties from ₹500 to ₹5,000 after a hearing. The Commission holds civil court powers for summoning witnesses, evidence, and document inspection as detailed in Section 16(2). It also monitors overall implementation, suggests improvements, and submits annual reports to the government under Sections 16 and 19.
Provisions for Challenging Commission’s Decision
Under the MRPS Act there is no explicit provision allowing challenges to the Commission’s decisions before the High Court or any other court. Section 26 explicitly bars the jurisdiction of any civil court, tribunal, or other authorities over matters that the Commission and Appellate Authorities are empowered to determine. This makes the Commission’s order under Section 18 final within the framework of the Act, emphasizing internal resolution for efficiency and accountability. However, the Act does not override constitutional remedies, such as writ petitions under Article 226 of the Constitution to the High Court for judicial review in cases of procedural irregularities or violations of natural justice, though this is not stipulated in the Act itself. Section 25 provides protection for actions taken in good faith, further limiting legal proceedings against officials. Overall, the Act promotes finality at the Commission level to streamline public service delivery without court interventions.
Penalty Provisions under MRPS Act
Under the MRPS Act primarily governed by Section 10, penalties are imposed to enforce accountability for delays or failures in providing notified public services. If a Designated Officer fails to deliver a public service within the stipulated time limit without sufficient and reasonable cause, the First Appellate Authority shall impose a penalty ranging from a minimum of ₹500 to a maximum of ₹5,000 or such revised amount as notified by the State Government in the Official Gazette. The Second Appellate Authority can confirm or vary this penalty after recording reasons and providing a reasonable opportunity of hearing to the Designated Officer. Separately, if the First Appellate Authority repeatedly fails to decide appeals within the specified time without reasonable cause or unduly protects an erring Designated Officer, the Chief Commissioner or Commissioner can impose a similar penalty of ₹500 to ₹5,000 on the First Appellate Authority, following a hearing. The Maharashtra State Commission for Right to Services, in appeals under Section 18(2), can also impose, vary, or cancel such penalties on Designated Officers or First Appellate Authorities, and may order refunds if a penalty is varied or set aside. Penalties are imposed only after giving the concerned officer a reasonable opportunity of being heard, ensuring principles of natural justice. This mechanism deters inefficiency and promotes timely service delivery.
Recovery of Penalty
As per Section 11 of the MRPS Act, 2015, the Designated Officer or First Appellate Authority, as the case may be, is required to pay the imposed penalty amount within 30 days from the date of receiving the communication or order directing payment. If the penalty remains unpaid within this period, the Competent Authority, typically the head of the department or designated superior officer, is empowered to recover the amount directly from the salary of the concerned officer. Recovery is effected through deduction from salary, serving as the primary and straightforward enforcement mechanism under the Act. There is no provision for other recovery modes like attachment of property or civil suit mentioned in the Act for these penalties. In cases where the Commission varies or cancels a penalty during appeal, it can order refund of any amount already paid. For repeated failures, additional disciplinary proceedings may follow under Section 12, but the penalty recovery itself remains tied to salary deduction within the 30-day window. This ensures swift compliance and financial accountability without prolonged legal processes. Overall, recovery is designed to be efficient and directly impacts the erring officer’s remuneration.
References:
1. The Maharashtra Right To Public Service Act, 2015
2. The Maharashtra Right To Public Service Rules, 2015
3. “Standard Operating Procedure for issue of licenses/permits, payment of dues under Ease of Doing Business initiative” Government of Maharashtra Urban Development Department. Government Resolution No:- Sankeerna-2019/Pra. Kra. 180/Navi-20 Mantralaya, Mumbai – 400 032 Date: 14 August, 2019.
4. “Maharashtra Right to Public Services Act, 2015”, Public Works Department, available at: https://pwd.maharashtra.gov.in/rts/, Last Visited on 13.2.2026.
5. “Recovery / waiver of the wrongful / excess payments made to Government servants.” Ministry of Personnel, Public Grievances & Pensions Department of Personnel & Training
6. “Frequently Asked Questions On Maharashtra Right Tо Public Services Act, 2015 And Maharashtra Right To Public Services Rules, 2016”, Compiled By: Shri. Annasaheb D. Chavan.
7. “Right to Public Services Act, 2015”, Shivraj Borade, available at: https://shivrajborade.wordpress.com/2022/08/29/right-to-public-services-act2015/, Last Visited on 13.2.2026.
8. “Right To Service” Directorate of Municipal Administration, available at: https://mahadma.maharashtra.gov.in/en/rts, Last Visited on 13.2.2026.
9. “RTS Act-2015, By Manu Kumar Srivastava , IAS (Retd.) (Chief Commissioner for Right to Service)” Mahaseva News Channel on YouTube, available at: https://www.youtube.com/watch?v=CRg1DO9N90g, Last Visited on 13.2.2026.
10. “A Difficult Law to Implement: The Right to Public Services Act, 2015”, Shailesh Gandhi, Economic and Political Weekly, Vol. 50, No. 43 (OCTOBER 24, 2015)
11. “This Act empowers citizens to demand notified services as a matter of right”, Geetanjali Meenhas, Governance Now, Dt. 8.8.2024, available at: https://www.governancenow.com/news/regular-story/this-act-empowers-citizens-to-demand-notified-services-as-a-matter-of-right, Last Visited on 13.2.2026.
12. “State government to ensure recovery of fines from errant PIOs”, Prasad Joshi, The Times of India, Dt. 16.2.2015, available at: https://timesofindia.indiatimes.com/city/aurangabad/state-government-to-ensure-recovery-of-fines-from-errant-pios/articleshow/46257149.cms, Last Visited on 13.2.2026.
13. “Right To Service In India”, Kuljit Singh, 8(1) DLR (2016), available at: https://www.dehradunlawreview.com/wp-content/uploads/2020/06/7-Right-to-service-in-India.pdf, Last Visited on 13.2.2026.
14. “A Review of the Right to Time-bound Delivery of Public Services in India”, Santulan Chaubey, Kritika Mathur, and Dinesh Taneja, Sage Journal, Volume 71, Issue 4, available at: https://journals.sagepub.com/doi/abs/10.1177/00195561251397539?download=true, Last Visited on 13.2.2026.
15. “The Maharashtra State Commission for Right to Public Services: First Annual Report: 2017-18” Office of State Chief Commissioner for Right to Public Service.
16. “How Maharashtra trying to popularise Right to Services Act, brainchild of CM Fadnavis” Pooja Bhatia, The Print, Dt. 15.5.2025, available at: https://theprint.in/india/governance/how-maharashtra-trying-to-popularise-right-to-services-act-brainchild-of-cm-fadnavis/2626859/, Last Visited on 13.2.2026.
17. “Maharashtra Drags Its Feet on the Right to Services Act while Karnataka Surges Ahead” Vinita Deshmukh, Moneylife, Dt. 10.11.2021, available at: https://www.moneylife.in/article/maharashtra-drags-its-feet-on-the-right-to-services-act-while-karnataka-surges-ahead/65566.html, Last Visited on 13.2.2026.
18. “Fifteen Suggested Legal Reforms for Maharashtra: Briefing Book for 2021” Vidhi Maharashtra, Vidhi Centre for Legal Policy.
19. “10 years after RTS Act, 43% of Maha govt services missing from digital portal” Nisha Nambar, Times of India, Dt. 26.4.2025, available at: https://timesofindia.indiatimes.com/city/pune/10-years-after-rts-act-43-of-maha-govt-services-missing-from-digital-portal/articleshow/120629084.cms, Last Visited on 13.2.2026.
20. “Is the proposed Maharashtra Guarantee of Public Services Bill toothless?” Vinita Deshmukh, Moneylie, Dt. 16.2.2015, available at: https://www.moneylife.in/article/is-the-proposed-maharashtra-guarantee-of-public-services-bill-toothless/40496.html, Last Visited on 13.2.2026.
21. ‘Maharashtra Right to Services Bill vague, ineffective’, Omar Rashid, The Hindu, Dt. 11.2.2015, available at: https://www.thehindu.com/news/national/other-states/maharashtra-right-to-services-bill-vague-ineffective/article6883185.ece, Last Visited on 13.2.2026.
Thanks for reading this part of the article series. Please bookmark this site for legal knowledge in simple and to know your rights. Share this article. Comment your opinion on the Right to Public Service in the comment box below.