Moneylife: Pune: Saturday, 05 July 2014.
A State CIC
has no powers to even sanction a 'casual leave' of any Information
commissioner. However, Maharashtra SCIC Ratnakar Gaikwad issued a transfer
order to make Rajendra Jadhav, full time IC of Pune. Jadhav was the secretary
to former president Pratibha Patil
Rajendra
Jadhav was appointed by the Maharashtra Governor and has taken oath as
Amravati’s Information Commissioner (IC) on 1 March 2014. First he was
arbitrarily given additional charge as Pune’s Information Commissioner and now
suddenly on 2nd July he has been appointed as Pune’s full time Information
Commissioner by State Chief Information Commissioner (SCIC) Ratnakar Gaikwad.
All this when the SCIC does not have the authority to even sanction a 'casual
leave' for any IC, as the authority rests with the Governor.
Jadhav, who
was secretary of former President of India Pratibha Patil, while she was
serving in the highest constitutional post, seems to be curiously following her
like a shadow, with the state government machinery 'illegally' supporting the
cause.
How else
would you explain the audacity of SCIC Gaikwad to appoint Jadhav as Pune’s
Information Commissioner, under the garb of Section 15 (4) of the RTI Act? This
rule states that the SCIC has the power to exercise his authority
'autonomously'.
Right to
Information (RTI) activist, Vijay Kumbhar, who has taken up this issue with the
Governor’s office by writing a formal complaint to him, with copies of the
complaint also sent to the President of India and Prime Minister, explains that
“the SCIC does not have to consult any other law enforcing or public authority
to issue an order pertaining to the RTI Act, but when it comes to the
appointment of Information Commissioners, Governor is the final authority. The
SCIC has no authority to sanction even a casual leave of any IC; it is the
Governor’s prerogative. Therefore, Gaikwad has no authority to merely send a
'CC' of his order to the Governor which he has done in the case of Jadhav.”
(see box for the Section 15 (4) rule)
It is
shocking that earlier complaints by Kumbhar to the Governor regarding such
'illegal' transfers by SCIC Gaikwad have been met with stoic silence.
Girish Bapat,
senior leader of Bharatiya Janata Party (BJP) from Pune has also expressed
shock at Gaikwad’s 'style of functioning'. When Moneylife contacted him for
this issue, he stated, “Earlier too I had formally complained to the Chief
Secretary as well as to the Chief Minister. I have strong reservations
regarding Gaikwad’s style of functioning. I am pursuing this recent case of
Rajendra Jadhav with the highest authorities of the state.”
In fact, RTI
activist Anil Galgali has also taken up the same 'transfer’ issue by Gaikwad in
March this year. Since the post of IC is not transferrable, a high powered
committee was set up, which made recommendations to the Governor. Thereafter,
the Governor and not the SCIC made the (re) appointments. Galgali was quoted in
a Moneylife article stating: "the RTI Act 2005, has no provision for
transfer of State ICs (SIC). The power to appoint, or remove SICs are
vested the Governor. During 2007, Vilas
Patil, the then SIC at Nagpur sought transfer to Nashik. A High Power Committee
headed by the state Chief Minister (CM), with the deputy CM and leader of
opposition as its members, recommended to the Governor the transfer of the SIC.
The Governor sought opinion from the Ministry of Law and Advocate General of
Maharashtra (AG). The AG pointed out that as per Section 15 of RTI Act, the
Governor can appoint an SIC on recommendations from the High Power Committee.
"After
the AG's opinion, Vilas Patil first resigned as SIC at Nagpur, then the
Committee recommended his name for appointment as SIC at Nashik. The Governor
accepted the recommendation and issued order to appoint Vilas Patil as SIC at
Nashik," Galgali said. (read Maharashtra SCIC illegally transferred three
SICs? )
Also shocking
is the fact that Jadhav has taken over the reigns as Information Commissioner,
Pune Division, without even taking an official oath, which makes his appointment
doubly illegal and dubious. His official oath, as per official record is that
of being appointed as Amravati’s Information Commissioner. With a single order,
Gaikwad has also transferred Pune’s Information Commissioner MB Shah to take
over as Amravati’s Information Commissioner, when he resumes after his illness.
Kumbhar,
in his strongly worded letter to the Governor has demanded the following:
1.
Cancellation
of all orders of SCIC Ratnakar Gaikwad
wherein he has encroached on the Governor's authority
2. To
ask Ravindra Jadhav. who was appointed Amravati Information Commissioner on
oath and has broken that oath by accepting to be Pune’s Information
Commissioner on SCIC’s orders, to resign
3. To
cancel Ratnakar Gaikwad’s order of appointing Ravindra Jadhav as Pune’s
Information Commissioner as it is null and void
4. Once
an information commissioner has been appointed, he cannot be re-appointed,
hence Jadhav should not be appointed as Information Commissioner of Pune.
Moneylife
had, on Wednesday, published the shocking article of how Rajendra Jadhav was
sanctioned an official bungalow in a premier residential neighborhood of Pune
Cantonment, despite his being Amravati’s Information Commissioner. Several
deserving officers who are posted in Pune in various state government
departments have to wait for a year or two before getting accommodation, but
Jadhav has got an exclusive bungalow in a jiffy.
Kumbhar
states in his letter to the Governor: “-you had appointed Rajendra Jadhav as
the Information Commissioner of Amravati on 1 March 2014. However, after a
while, SCIC Ratnakar Gaikwad has cancelled that appointment and appointed him
as the Information Commissioner of Pune. This action is not only illegal but is
an encroachment on your authority. I wish to bring to your notice that even a
minor issue like `casual leave' cannot be sanctioned without your consent as
per your own circular.”
“On 26th
June, you had appointed Mr Vasant Patil as the Information Commissioner of
Nagpur but on 2nd July, Ratnakar Gaikwad has given him the additional charge as
Amravati's Information Commissioner. Also, Gaikwad gave additional charge of
Pune's Information Commissioner to Jadhav and has now appointed him as Pune's
Information Commissioner. Please remember a special committee was appointed by
you in order to appoint Jadhav as Information Commissioner of Amravati and
hence, SCIC has no authority to re-appoint him elsewhere,” the letter added.
.JPG)
.JPG)
