Warrant against education official for playing truant

TNN, Dec 17, 2010,

LUCKNOW: In an unprecedented move, information commissioner (IC) Brijesh Kumar Mishra issued a bailable warrant against deputy basic shiksha adhikari, Chandauli, on Tuesday. Now, SP, Chandauli has been directed to ensure the presence of the officer at the commission on January 31, 2011, the next date of hearing.

The said officer not only played truant during hearings but also did not respond to the commission's notices. The order has come on the complaint of Bechan Pandey under Right to Information Act (RTI).

It was on Pandey's complaint that basic shisksha adhikari (BSA), Chandauli, O P Tripathi had suspended two principals, Amar Dev Chaubey and Sunil Kumar, of primary schools in Chahaniya, Chandauli. The principals were suspended after primary investigation by BSA. The principals were accused of financial irregularities and siphoning off funds, irregularities in awarding scholarships, faulty (not per norms) construction of school buildings and toilets and misuse of money obtained through auction of dilapidated building.

However, the accused principals were later reinstated. The complainant said that though officers acted on his complaint, he was never asked to put forth his case or voice his complaint in the matter. According to complainant, investigation officer Anand Prakash Singh, deputy BSA and BSA acted in collusion to reinstate the principals after awarding minor punishments to them. He accused the officers of corruption and irregularities.

While hearing the case, commission had ordered the appearance of deputy BSA. However, he did not appear for the hearing. The department could not produce any valid reason for the said officer's absence during the hearing. The department also failed to produce any evidence to support the investigation proceedings against the principals. On September 20, this year, the commission issued a notice to deputy BSA, Chandauli. But he did not comply with the commission's order.

The commission, on Tuesday, issued a bailable warrant against deputy BSA. It also alleged that "there have been several such cases in government departments where officers first suspend staff and juniors on one or the other charge and then reinstate them after taking a bribe''. "These are common cases in primary education department," alleged the order.

The commission has also ordered BSA, Chandauli, to appear with documents of the matter in the next hearing. Besides, commission has also written to principal secretary and secretary, primary education asking if the two officers have submitted details of their property to the department.

The order is well within the powers of the commission. The Central or State Information Commission, while inquiring into any matter under section 18(3) of the RTI Act, have the same powers as vested in a civil court, while trying a suit under the Code of Civil Procedure, 1908, in respect of summoning and enforcing the attendance of persons and compel them to give oral or written evidence on oath and to produce documents of things; requiring discovery and inspection of documents; receiving evidence on affidavit; requisitioning any public record or copies thereof, from any court or office; issuing summons or examination of witness or documents and any other matter, which may be prescribed.