DNA:
Mumbai: Friday, 04 September 2015.
Nangia had
complained when an FAA order on his application reached him with the signature
of a person who had retired from service six months ago, also considering he
had not even filed the application then.
Days after
the Brihanmumbai Municipal Corporation (BMC) passed the format in which the
first appellate authority (FAA) should be replying in their orders, there comes
a case of impropriety. An officer who had retired around six months ago passed
an order on an RTI application. The state information commission (SIC) has
directed the municipal commissioner to conduct an inquiry into this.
The order,
given on September 2, was passed by state chief information commissioner
Ratnakar Gaikwad on a complaint made by Kandivli resident SK Nangia. "It
is really sad and shocking how a retired officer could manage to get entry in
the office and officiate as FAA," the order stated.
Nangia had
complained when an FAA order on his application reached him with the signature
of a person who had retired from service six months ago, also considering he
had not even filed the application then.
Nangia had
filed an RTI application to know the status of an order of the SIC. In an
earlier order of the SIC in 2014, he was awarded a compensation of Rs5,000 for
the harassment caused to him. At that time, he was not given details of RTI
activists alleged to be misusing the Act.
"I had
later filed a fresh application, wanting to know the action taken on the SIC
order. I was surprised that an officer who had retired even before I filed my
application heard the case. This is administrative impropriety. How can they
even share my application details with him? This must be because of tacit
approval of senior officials in such cases," said Nangia.
RTI activist
Bhaskar Prabhu said, "There is no question of a retired person conducting
hearing. RTI hearings are quasi-judicial matters that need to be followed
through a process. Can a retired high court judge come and hear a case again?
BMC officials feel they can do anything and everything. It is surprising such a
thing happened because there are two circulars on this issue. Earlier, officers
would make their juniors conduct hearings. When that was brought to the notice
of administration, orders were given that such a thing can't happen. If they
are on leave, only assistant commissioners can hear cases."
dna tried to
contact municipal commissioner Ajoy Mehta, but he remained unavailable for
comment.
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