No options left, Ratnakar Gaikwad has to resign otherwise..

On the background of assurance given by  Chief Minister Devendra Fadnavis  that a report on Ratnakar Gaikwad's role in the Ambedkar Bhavan demolition will be sent to the Governor and on  the background of surge of protest, an agitation and anger displayed by Dr. Babasaheb Ambedkar's  disciples recently , it appears that  Chief State Information commissioner (CSIC) of Maharashtra has not left with any other option other than to resign .

Most irony part of the story is that Ratnakar Gaikwad himself has created the cause of action to remove himself from the post of CSIC under section 17 of RTI act. as per this section ,  Subject to the provisions of sub-section (3), the CSIC  or a State Information Commissioner ( SIC) can be removed from his office only by order of the Governor on the ground of proved misbehavior or incapacity after the Supreme Court, on a reference made to it by the Governor, has on inquiry, reported that the State Chief Information Commissioner or a State Information Commissioner, as the case may be, ought on such ground be removed.

As per section 17(3) (e) of RTI act CSIC or SIC  can be removed If he has acquired such financial or other interest as is likely to affect prejudicially his functions as the State Chief Information Commissioner or a State Information Commissioner

And as per section 17(4) CSIC or SIC can be removed  if he, in any way, 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 therefrom otherwise than as a member and in common with the other members of an incorporated company, he shall, for the purposes of sub-section (1), be deemed to be guilty of misbehavior.

In a present case, Ratnakar Gaikwad has not only taken an active part in the demolition of Ambedkar  Bhavan but also saw and defended the demolition of it  in the midnight openly.

While talking to Mumbai Mirror Gaikwad admitted  that he wasn't connected with the trust, and was merely "advising" the office bearers, like so many organizations and NGOs do, and I helped them." . But he was  seen on television giving the reason for demolition in the midnight. He said  earlier while structural audit there was a hugh protest and hence they had to demolish it in midnight. That definitely  wasn't just advice. It was active participation and "Interest in action".

Ratnakar Gaikwads behavior in Ambedkar Bhawan demolition case clearly shows that he had taken a lot of interest in. It was not just a passive advice, it was definitely an active participation falls under the section 17 of the RTI act. There may be counter arguments on whether  information commissioners while in office are allowed to give advice to NGO's or people. But definitely, they are not allowed to take an active part in any organizations matters directly or indirectly.

If Government reports Ratnakar Gaikawad's involvement in Ambedkar Bhawan  demolition case to the Governor, the Governor may start his removal procedure. And looking it to the increasing pressure on Government and assurance given by chief minister in assembly Government will definitely send such report. In that case, Governor as per section 17 (2) may suspend him from office, and if deem necessary prohibit also from attending the office during an inquiry. To avoid all this embarrassment Ratnakar Gaikwad has an option of  only to Resign immediately.

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RTI KATTA

RTI KATTA is a platform to empower oneself through discussions amongst each other to solve their problems by using Right to Information act, Every Sunday at Chittaranjan Watika, Model Colony,Shivaji nagar, Pune, between 9.30 to 10.30 A.M.

Vijay Kumbhar

RTI Resource Person, RTI Columnist

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Email – kvijay14@gmail.com

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Maharashtra Government Announces 41 Online Services Under MRTPS Through Single Portal ' Aaple sarkar'

Maharashtra Government will be giving 41 services online from Mahatma Gandhi Jayanti i.e 2^nd October 2015. Circular regardingthis has been issued to all the concerned departments. The government has notified The Maharashtra right to public services act 2015 on 28^th April 2015. As per section 3 of said act citizens need to go to citizen felicitation centers like setu, Maha e-seva or sangram centers.

To avail some such services citizens have to visit different websites. Now Maharashtra government has decided to provide all these services from a single portal called ‘Aaaple Sarkar’. To make this possible government has asked various departments to

1) make available all its notified services through a single portal ‘ Aaple Sarkar’ in addition to existing systems.

List of on line services to be provided through Aaple Sarkar

2) Departments will have to make available online appeal system also.

3) If the service is related to certificates then such certificates should be made available online. Applicant should be provided with receipt of application and date of service to be provided

4) Date of application and date of service actually provided should be there on “ Aaple sarkar’ portal

5) Applicant should be provided unique application number so that he/she can check its status online.

 

List of on line services to be provided through Aaple Sarkar

Departments have been asked to make necessary technical changes in their present system to make it possible to provide such services through ‘Aaple Sarkar’. Government intends to provide 41 such services online from 2nd October 2015. Government also expects these services should be provided in such a manner that citizens need not go to any office.

List of on line services to be provided through Aaple Sarkar

Government has asked departments to form a task force that should consist of officers at divisional, commissioner, directorate and secretariat level. This force should be headed by secretary of concerned department or his representative of not lass than deputy secretary rank. This task force will make necessary changes in existing system of providing notified services if necessary. Government has also asked departments to form a task force before 15^th October and complete its activities within one month after that.

Related stories

Analysis of proposed draft of Maharashtra Guarantee of Public Services Bill

MRTPS Act 2015, babudom is not willing to loosen its grip on the neck of democracy

Dark past of ‘The Right to Service Act’ in Maharashtra

Literary geniuses of Mantralaya, a case of wasted talents

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RTI KATTA is a platform to empower oneself through discussions amongst each other to solve their problems by using Right to Information act, Every Sunday at Chittaranjan Watika, Model Colony,Shivaji nagar, Pune, between 9.30 to 10.30 A.M.

Vijay Kumbhar

RTI Resource Person, RTI Columnist

Phone – 9923299199

Email – kvijay14@gmail.com

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Government and Information Commission of Maharashtra misrepresented the facts

Literary geniuses (LG) of Maharashtra mantralay have recently issued a circular about compliance of section 4 of The RTI act. These LG’s are expert in avoiding any issue that is embarrassing to the Government. That means in case of any serous agitation, Fast, rally or media news about anything they promptly issue a well drafted circular to calm the issue temporarily.

In a circular issued On  9^th of this month government has mentioned that , The central RTI act came in to force on 12^th October 2005 It was necessary for all the public authorities to comply and update information on 17 points in section 4 (1) (b) of this act 120 days before it was introduced. Government has repeatedly issued many orders to public authorities in this matter, however it is observed that many public authorities  have still not complied with section 4 of RTI act, hence again following orders is being issued.                                                                                                                 

The public authorities (PA) that  have not prepared information on 17 points of section 4 (1) (b) of RTI act and published it on website, PA’s that have not appointed CPIO’s ,  PIO’s  and AA’s put their names on board are directed to this on priority. All the administrative departments to follow up of this matter with the PA’s under their control, all the PA’s should update their website. All the PA’s should send compliance report to their concerned departments as per directions in this circular.

There is nothing new in this circular, such types of of circulars are so innocent that whether complied or not it makes no difference. In fact one can say that there is always hidden direction in such circular that they should not be complied with.

Now see this, Social activists and information commission time and again keep complaining to the government about non compliance of RTI act. In first quarter of RTI act noted social activist Anna Hazare met chief minister (CM)  of Maharashtra on this issue .Obviously it is always necessary for CM to show displeasure after Anna’s complaint  on any issue, accordingly CM expressed his ‘serious displeasure” on non compliance of RTI act. Promptly literary genius of mantralay on 5^th may 2008 through a fresh circular communicated CM’s “ serious displeasure “ to all the public authorities and asked them about compliance of RTI act. There after nothing happened.

There after something happened and on 24 July 2009 present State information commissioner and then principle secretary to the government on Maharashtra Mrs.T.M. Thekkekara issued a fresh circular on same issue. However this time circular was bit tough (?) one. This time there was threat of mentioning non compliance in Confidential Reports of officers if direction were not complied before 31 august 2009. As usual nobody nobody took cognizance of this circular also.

Interestingly during period of Mrs. Thekkekaras’s and earlier circulars, all the information commissioners who are presently working in information commission of Maharashtra were serving on key posts in the government. However nobody bothered about compliance of any circular. As if they knew that their such behaviour will only make them eligible in future for information commissioner’s post. Accordingly same thing happened,. All these people applied for the post of Information commissioners pretending themselves “ person of eminence” and another High Power committee of persons of eminence headed by CM , deputy CM and leader of opposition agreed with and recommended their names and accordingly governor appointed them as Information commissioners.       

Present information commission has several times  has warned of serious action against all the public authorities for non compliance of RTI act, however till today non of them has taken it seriously, because public authorities know that all the present commissioners were their former bosses and equally responsible for  non compliance of the act, hence they didn’t take cognisance of any warning.

Through 9^th may circular  government has confessed that even in ninth year of RTI act  many public authorities have not complied with section 4, have not appointed CPIO, PIO and AA’s , even then since last many year government claims that 95% of the applicants get the desired information. Information commission is echoing the same thing. However in absence of adequate CPIO’s, PIO’s and AA’s how it is possible that 95% applicants got the information? .That means government and commission both misrepresented the facts and hence they have to clarify on it or apologize to the citizens of Maharashtra.

Open Letter to Rahul Gandhi

Dear Shri Rahuljee Gandhi,

You have announced that the Congress party is serious about fighting against corruption in India. The Congress party has brought several legislations and is in favor of bringing more legislation to fight corruption. I humbly bring to your notice that bringing good legislations alone does not help in fighting against corruption. Implementation of legislation is the key to fight corruption.

The Congress party takes credit for enacting the “Right to Information Act” (RTI). However what about its implementation? In Maharashtra, RTI is in a critical condition. Since last many years, more than half the posts of information commissioners are vacant because the Chief Minister has no time. Hence pendency of second appeals has piled up to 26000. People do not want to file RTI applications because they don’t get the information.

Official reports that 95 % RTI applicants get the desired information are cooked up because the scenario at ground level is exactly the opposite i.e. 95 % applicants do not get the information. There is no transparency in appointment of information commissioners. They are chosen arbitrarily.  The decisions of some information commissioners are so bad that the citizens wonder the information commissioners are appointed to implement the RTI properly or to kill it? The scenario all over India is no different.

Take another example of Maharashtra Prevention of Delay in Discharge of official Duties Act 2005. The act came into force in 2006.  However the rules were issued in this December 2013 i.e. seven years later! More to say, clause 8 in these rules says e-mails shall be acknowledged and the e-mails shall be forwarded to the concerned office or Department or Desk if they do not pertain to the addressee. The applicant is to be intimated accordingly by e-mail. However my e-mails to the chief minister and chief secretary of Maharashtra on their official e-mail IDs bounced! Now you imagine what will be the scenario while implementing this legislation.

State Governments all over India keep issuing numerous circulars. They are the same everywhere. Never implemented. It becomes a case of “you tell me the person and I shall tell you the circular”, thus putting into action only those circulars, which benefit the officers or their cronies. Others are thrown in the waste paper basket and none feels bad or sad about it. The circulars are cleverly drafted. If some issue is to be evaded, then the choice of words is so 'creative' as to abash even a litterateur. Perhaps these circulars would pass off as pieces of excellent literary talent.

Here’s how. Consider another the case of Maharashtra. Many circulars were issued from Mantralaya of Maharashtra since 1996 to express commitment to eradicate corruption and illegalities. So far, 11 circulars have been issued for action against those involved in corruption and illegalities. These circulars are well drafted comparable with the masterpieces in literary art! But there has been no action as a result of a single circular. If you query officers about any problem, they immediately draw attention to these thirteen circulars and boast about their commitment to eradicate corruption and illegalities.

Shakuntala Bhagat the first beneficiary in Maharashtra, who received health card for Rajiv Gandhi Jeevandayee Arogya Yojana from Smt. Sonia Gandhi, appeared to be a fake. I found major discrepancies in Pune Municipal Corporation (PMC) Urban Poor health scheme and Contributory Health scheme. The Health Minister ordered an inquiry in this case after I reported the matter. However, when the inquiry team went to PMC, it was sent back because the orders for the inquiry came from the Health Minister and not from the Urban Development Department. The Urban development department is with Chief Minister and till today there is no order from the CM in this regard.

In nutshell, while bringing good legislation to fight against corruption succeeds only in fooling the public for some time, proper implementation alone will reveal your real intentions.