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.

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.

Sir, RTI Hearing (in PMC) was very painful

Today I received a complaint from one Rita gupta. She had a hearing in pune municipal corporation .Instead of hearing her appeal, appellate authority humiliated her. These type incidences are increasing wherever information commissioners are very weak or low caliber  Whenever public information officers or appellate authorities come to know that whatever the case may be for many years second appeal will not come before the information commissioner for hearing or even if it comes, they are sure that commissioner will not take any action on officers.

It is not difficult to understand that from where this type of confidence comes. How can they dare to humiliate any RTI appellant and particularly a woman? The hearing (?) took place yesterday (14th may) the woman met me today (15th may), Even today it was difficult for her to stop tears, she was miserably upset.

It is clear that from the facts that PMC was trying to shield its officers. However, problem is, why PMC officer humiliated her. He could have easily heard her appeal and give the decision whatever he deemed fit. Instead of doing that, he chose to harass her. If this the status of the RTI applicants or appellants in big city like Pune one can imagine what will be the scenario in remote areas?

Reproducing that womans letter , In the bracket are some corrections in spellings made by me.

Dear Sir,

I Rita Gupta R/O Koregaon Park ,

Actually I and my society Managing Committee secretary has various issues, which are pending  before Registrar .Regard to this I need to  show my Society master plan. so I have applied in corporation for the same ,they gave me answer, that they are not finding this file" in writting .

I went for first appeal, then I received a letter, that I have a hearing on 14-5-2013.I reached on time at 11 am . But Mr. Sarode (Appellate Authority ) was not there .After 12.40 .He came inside the cabin .As I went inside I saw his attitute was very rude, careless, harsh.He did not hear me at all. I was keep requesting him to give me a change (chance), but he was keep humiliating me.It was very painfull hearing .I was haressed (harrased) like anything.Finally I asked him "Why did you called me up if you do not want to hear me ." then he gave me very irresponsible answer .Because you appelled it.

Then I came down emotionally and mentally drained. I started crying almost 2 hours. Then I deceided to meet Mr. vivak (Vivek Kharawadkar addl city engineer) and gave him in writting that Mr. Sarode tourtured me .Mr Sarode and Raskar and Dhanjay Jadhav said sorry to me . But I do not feel this is just enough. I suffered a lot all day.This officer gave me lot of pain .I am still going through pain; woman has to be respected by corporation officers.

Please help me in this matter.I want Mr. Sarode should transfer, so it should established as a moral." women also have selfesteem".

Rita Gupta