DNA: Mumbai: Wednesday, March 12, 2014.
In a landmark order that may bring transparency in
transfers of public servants and bring an end to abrupt transfers of honest
officers, the state information commission has asked the Maharashtra government
to put up reasons of transfers on its website.
The order has been marked to the chief secretary
of state.
The order was given by chief information
commissioner Ratnakar Gaikwad on Friday following a complaint filed by Vijay
Kumbhar, a Pune-based activist. The activist had complained against the
government for not providing a reason for transferring S Pardeshi, commissioner
of Pimpri-Chinchwad.
The abrupt transfer of Pardeshi, who was credited
to have cleaned up the corporation and the city of the illegal-construction
menace during his tenure, was opposed by a large number of citizens and all
opposition parties. During the hearing, the chief secretary too was asked to be
present. However, he was not around, but the public information officer and the
first appellate authority were present.
During the hearing, the activist argued on the
provisions of RTI Act and a Supreme Court judgment that make it mandatory for
the government to give reasons for a transfer.
Section 4 (1) (c) and (d) of the Act state:
"publish all relevant facts while formulating important policies or
announcing the decisions which affect public and provide reasons for its
administrative or quasi-judicial decisions to affected persons". "In
this case, the transfer is affecting the public," said Gaikwad during the
hearing.
The commission order quotes a 2011 SC order which
emphasizes the role of RTI Act and transfers of civil servants. It quoted the
SC order as "....Oral and verbal instructions, if not recorded, could not
be provided. By acting on oral directions, not recording the same, the rights
guaranteed to the citizens under the Right to Information Act, could be
defeated. The practice of giving oral directions/instructions by the
administrative superiors, political executive etc. would defeat the object and
purpose of the RTI Act and would give room for favoritism and corruption".
The commission directed that reason for the
transfer of Pardeshi be provided by March 10 and henceforth the government put
up the reasons for all transfers before the tenure ends on its website.
"It is a landmark order that will force
politicians to think twice before transferring a person. It will also bring
transparency in transfers and government decisions," said Kumbhar.
Contacted,
JS Saharia, chief secretary, said, "I have not seen the order yet; so,
will not be able to comment."
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