DNA: Mumbai: Friday, July 14, 2017.
The first
order of the Maharashtra Right to Service Commission directs the second
appellate authority to hear a case, which it had not in the time limit
prescribed under the Act. Right to Service (RTS) itself is enacted to provide
services to citizens in time-bound manner. The order was passed after a
resident of Pune district had made an application under the landmark
Maharashtra Right to Public Services Act, 2015 (RTS).
The order
passed by Swadheen Kshatriya, chief of state service commission, on July 7
directs the second appellate authority to hear the case in 15 days.
In her
application of December 21, 2016, Mayatai Gaikwad had sought details of
admission of dues pending of tax and water bills for house number 353 that has
encroached upon government land. The house did not belong to her as per the
submission made by her husband, Sharad Gaikwad, who had attended the hearing in
the service commission on her behalf.
The
designated officer who was supposed to provide service did not take any
decision within the time limit in which he was to take one on providing the
certificate. Gaikwad then filed a first appeal. The first appellate authority
did not hear out the applicant and was unjust to the applicant as per the
submission. It was then the second appeal was filed.
The second
appellate authority (SAA) did not hear the side of the applicant nor gave any
order, and kept the issue pending for more than 45 days. The Act mandates SAA
to decide the appeal in 45 days. During the hearing, the SAA stated that such
information should be sought under Right to Information (RTI) Act and that it
was provided, and that order at its level could not be given because of
election duty. Gaikwad said that the information was in the form of photo copy
and in the court certified copies are required.
It was
informed that the government has notified services of no dues pending. Gaikwad
said that nowhere does the Act state that admission of dues pending cannot be
given under the RTS Act. The SAA said that if the court gives an order to that
affect, a certified copy will be provided.
The
commission asked that order be passed by SAA in 15 days.
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