Maharashtra Government invites consent of SIC applicants as per amended rules of RTI

The Government of Maharashtra has now invited consent as per the amended rules of RTI from the applicants who have already applied for the post of State information commissioners. The general administration department (GAD) had invited applications from candidates for the three posts in Nashik, Pune and Nagpur benches of the State Information Commission (SIC) in June 2019. Accordingly, some have applied for the post of SIC. The state government had also appointed a search committee to shortlist the names of the candidates to be sent to the appointment committee

However, meanwhile, the rules pertaining to Right to Information (Term of Office, Salaries, Allowances and Other Terms and Conditions of Service of the Information Commissioners) were amended. And the entire process of appointment of SICs stopped.

Now the government of Maharashtra has asked all the applicants to furnish the consent letter in the following format as per amended rules.

1. According to the advertisement dated 7th June 2019, I have applied for the post of State Information Commissioner in Maharashtra State Information Commission.

2. Right to Information (Term of Office, Salaries, Allowances and Other Terms and Conditions of Service of the Chief Information Commissioner, Information Commissioners in the Central Information Commission, State Chief Information Commissioner and State Information Commissioners in the State Information Commission) Rules, 2019. Notification on this subject has been published by the Central Government on October 24, 2019. As per the notification dated 24.10.2019, the Central Government has modified the salary, allowances, term of office and other terms and conditions of service of the State Chief Information Commissioner and State Information Commissioners in the State Information Commission.

3. I have taken note of these changes and I agree to maintain the application made and will impress for the post of State Information Commissioner.

The candidates have to send a letter mentioning “Willingness for the post of State Information Commissioner" superscribed on the envelope to Secretary (O&M), General Administration Department, 1st Floor, Mantralaya, Mumbai - 400032 as well as through e-mail to sic-application@gov.in within 15 days from the date of publication of advertisement.

The advertisement in this regard is yet to be published in the newspapers. If the government publishes this advertisement in next 3-4 days it will receive consent letters by 15th March. Then the Search Committee will follow objective criteria for shortlisting of applicants and prepare a panel of such short-listed candidates, along with the criteria applied. It will take suppose month or so i.e. 15^th April.  And after that, the same shall be notified on the website for the appropriate time. Say about a month or so i.e. 15^th May.

Then the short-listed the panel shall thereafter be placed for consideration by the Committee led by the chief minister and this committee make its recommendations to the Governor. It will take say another month. That means if all goes well SIC’s will be appointed by the June end in Maharashtra.

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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.

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Big question mark on new appointments of state information commissioners in Maharashtra

Move to challenge administrative tribunal’s order in the High Court has put a big question mark on new appointments of state information commissioners in Maharashtra.In an interesting development Government of Maharashtra who had opposed the petition on appointments of State information commissioners in the High court stating that the petitioner had remedy of filing original application before the Maharashtra Administrative Tribunal (MAT) for the relief as prayed for in the writ petition, has now filed a writ petition ( 11623/2015) in high court stating MAT has no jurisdiction to try such cases.

The Bombay High Court

Advocate John S Kharat from Ahmednagar had filed a writ petition ( No 4477 /2011) in Aurangabad bench of Mumbai high court challenging arbitrary appointments of then State information commissioners (SIC) P. W. Patil, M. H Shaha and D. B Deshpande. Then Assistant Government Pleader (AGP) argued that the petitioner had remedy of filing original application before the Maharashtra Administrative Tribunal for the relief as prayed for in the writ petition. Having confronted with this, learned counsel for the petitioner withdrew the writ petition with liberty to the petitioner to file original application before the MAT.

Accordingly Kharat filed original application ( 469/2011) in Aurangabad bench of MAT.It was transferred to MAT Mumbai ( 823/2011). MAT on 16 April 2015 delivered its judgement and passed severe strictures on procedure of SIC appointments. MAT had observed   that while scouting for the said posts, the High Powered Committee that recommends candidate for posts of SIC to the Governor, has to make sure that the area of resources is sufficiently large so as to attract and ensure the appointment of the best talent for these important posts. However wider source from the fields of law, science and technology etc. was apparently not taken into account with the kind of seriousness by the committee

Maharashtra Administrative Tribunal

Citing the recommendations of the Supreme Court in the Namit Sharma (review) case, the Tribunal had also observed that there was no material to show as to what the state of affairs was with regard to the 68 candidates other than the 4 selected for posts of SIC’s. MAT had criticized Government   for not framing any rules for appointment of SIC’s, and  had also observed that there was no advertisement as such. There was no exact date on which the process commenced and there was no exact preform of application.

MAT had given following direction to Government of Maharashtra

 • There is an urgent need to make rules consistent with the provisions of Right To Information Act, 2005 especially Section 15 thereof for selections to the posts of Chief Information Commissioner and Information Commissioners. It will be desirable to have the rules in place much before the next selection is taken up for consideration by the High Powered Committee under the Information act. The directions of the Hon’ble Supreme Court in Namit Sharma’s case (reviews judgment) be carefully perused and implemented.

• It will be within the discretion of the Committee to fix the eligibility criteria for the said posts. But there again, the provisions of the Information Act may be strictly followed and it be ensured that the legislative mandate to have eminent persons from all the various disciplines like Law, Science and Technology etc should be given full scope to complete. The criteria should be duly publicised well in advance before the selection process begins. Sufficiency and mode of publicity of the said criteria will be within the discretion of the Committee

• The selection process must be transparent and definitive without any scope for apprehension of partiality, favouritism and such other vices. There must be a definitive time frame from the commencement of the said process till its conclusion without submission of the recommendations to His Excellency, the Governor. The details of the course of action in this behalf are left to the discretion of the committee but the following measures can be commended for consideration and effectuation: i)An officer of senior rank must be appointed to perform the duties akin to what in relation to several such committees is called Member Secretary…; The Committee may make sure that a proper schedule is appointed for the selection process…the duration of time between the date of commencement of distribution and the last date of its receipt by the Officer may not be more than four to six weeks…

• The Chief Secretary, Government of Maharashtra is requested to bring this judgment of the notice of the Hon’ble Chairman and Hon’ble members of the Committee for information and action. The Chief Secretary of the Government of Maharashtra may report compliance herewith within eight weeks from today (16 April 2015).

However instead of complying with the directions of the MAT, Government of Maharashtra has preferred writ in the High Court challenging those.Meanwhile all the SIC's whose appointments were challenged are either retired ,resigned or removed from the services long back. Hence any order in this regard will not have any effect on then appointments. But complying with Supreme court or MAT  order in further appointments may make some positive effect . 

Now whether MAT has such jurisdiction or not will be decided in the high court.But meanwhile there is big question mark on appointments of new information commissioners in Maharashtra.Regardless of pending the said writ, Government of Maharashtra may fill the vacant SIC posts with prior consent of the High Court , but will they do that? 

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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

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Email – kvijay14@gmail.com

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Search of SIBS is on for the post of Maharashtra State Information Commissioners

In Maharashtra search is on of SIBS (Senior Indian Bureaucrats) for the post of State Information Commissioners (SIC). In Maharashtra, it is now high time for appointments of information commissioners. On 18th July, state information commissioner Bhaskar Patil who was initially appointed on Amravati bench of state information commission and then transferred (?) to Nagpur bench will retire. So there is confusion about which post will be vacant Nagpur or Aurangabad? Already there are three posts vacant and on 18th total four posts will become vacant.

As it is always said that information commissions have become parking lot of retired bureaucrats.It will be interesting to see whether government of Maharashtra fills all the vacant posts at time or waits for some time for some bureaucrats to become senior citizens to fill some posts. Few senior bureaucrats are about to retire in next few months. Some of them have already applied for post of SIC.

Earlier due to Supreme Courts judgement in most controversial Namit Sharma case, there was confusion about appointment of information commissioners. However, when after review petition, Supreme Court gave some relief and stay was granted on some points. but following points remained as it is. Hence, it is mandatory for every government to follow those. These points are

1) The appointment of the Information Commissioners at both levels should be made from amongst the persons empanelled by the DoPT in the case of Centre and the concerned Ministry in the case of a State. The panel has to be prepared upon due advertisement and on a rational basis as afore-recorded.

2) The panel so prepared by the DoPT or the concerned Ministry ought to be placed before the High-powered Committee in terms of Section 12(3), for final recommendation to the President of India. Needless to repeat that the High Powered Committee at the Centre and The State levels are expected to adopt a fair and transparent method of recommending the names for appointment to the competent authority.

3) The selection process should be commenced at least three months prior to the occurrence of vacancy

Government of Maharashtra has followed none of them .No prior advertisement has been given and hence question of preparing panel does not arise at all. What government of Maharashtra has done is that, it has only prepared panel from the application received directly without advertisement. Many of these application have recommendations of MP', MLA's and Political parties. Let us see whoes recomandation has more weightage? .

Why Governments are reluctant to follow Supreme Court Orders ?

In Namit Sharma judgement, Supreme Court of India had directed all governments that the selection process of information commissions should be commenced at least three months prior to the occurrence of vacancy. As far as Maharashtra is concerned, it does not seem to obey supreme courts order. In Maharashtra, there are total eight posts of information commissioners including chief information commissioner, of which four are vacant and fifth post is going to be vacant on 17 July, i.e. after 17 July, there will be five posts vacant. Forget about starting process of filling post before vacancy, government of Maharashtra has not bothered to fill even vacant posts.

That is how the government of Maharashtra honors Supreme Court orders. The history is matters under which it was possible to put hurdles before the RTI applicants and appellants Government of Maharashtra had acted promptly But stealthily. ( remember amendments to The Maharashtra RTI rules)  .But when it comes to fill the vacancies or do something for the benefit of RTI or in the public interest it doesn't even bother to disobey supreme court.

Recently government of Maharashtra stealthily tried to frame appeal procedure rules for state information commission. When I learnt about this, I wrote about it on this blog. After that, lot of RTI activists and journalists called me about authenticity of these draft rules and asked why government is trying to do this in such a hurry? Moreover, why they have not made it public before they pass it ?. The answer of this also lies in Namit Sharma judgement that was delivered by division bench of supreme me court of India on 13 September 2013  and subsequently challenged by some renowned RTI activists. In addition, we have experienced in the past that why government doesn't make such things public? The answer is simple, because if they make it public then there will be burden to make those people friendly.

In this judgement, SC had directed that the Central Government and/or the competent authority shall frame all practice and procedure related rules to make working of the Information Commissions effective and in consonance with the basic rule of law. Such rules should be framed with particular reference to Section 27 and 28 of the Act within a period of six months from today (i.e. from 13 September 2013 ).That may be the reason that government of Maharashtra  tried to frame those infamous appeal procedure rules in hurry and stealthily.

The next two orders i.e. (1) The Information Commissions at the respective levels shall henceforth work in Benches of two members each. One of them being a ‘judicial member’, while the other an ‘expert member’. and (2) The appointment of the judicial members to any of these posts shall be made ‘in consultation’ with the Chief Justice of India and Chief Justices of the High Courts of the respective States, as the case may be, Were stayed by the supreme court in review petition . However, there was no stay for any other orders even then most of the governments have not followed that.

Supreme Court had also directed that appointment of the Information Commissioners at both levels should be made from amongst the persons empanelled by the DoPT in the case of Centre and the concerned Ministry in the case of a State. The panel has to be prepared upon due advertisement and on a rational basis as before recorded. Only DoPT has has published advertisement for appointment of information commissions. No other government seems to be following this order.