Friday, July 14, 2017

Service commission tells appellate authority to hear pending case

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.