Mumbai Mirror: Mumbai: Thursday, January 11, 2018.
Former
Central Information Commissioner Shailesh Gandhi pens an open letter to BMC
chief Ajoy Mehta as he points out that transparency can alone stem the rot in
the system.
Shri Ajoy
Mehta, : Municipal Commissioner,
It is with
great distress that I am sending this note to you, since BMC appears to be
behaving in a completely illegal fashion, and it appears you are personally
responsible for insulting citizens who are using the Right to Information
guaranteed under Article 19 (1) (a) of the Constitution.
Your
officials, inspired by you, have been defaming RTI users, saying that many are
blackmailers. To give two names, Ms Nidhi Choudhari and Mr Devendra Jain have
on record stated this. You have also indicated that your main problem is the
Constitution and citizens using their fundamental right, and not the corrupt,
decadent organisation headed by you. You are under the misconception that
citizens are spoiling the image of BMC. Wake up and ask Mumbaikars. If you
listen, they will tell you that a very significant number of officials take
bribes for legal and illegal actions.
I am
listing some instances below:
1.Asst. Commissioner Devendra Jain filed
a complaint with police station, naming over 70 citizens as extortionists and
blackmailers. Almost all of them were RTI users. No evidence was produced, and
there was a reprimand from the State Information Commission.
2.Technical Advisory Committee (TAC)
suggested many actions to increase transparency and accountability. Some of
these were putting all the building files, data from your SAP system,
complaints, RTI applications and their responses, permissions for road repairs
on your website, and making the website userfriendly and faster. There were
many more, most of which were not followed. In fact, when the TAC started
insisting on its recommendations being followed, you disbanded it in an uncouth
manner. I might point out that if RTI applications and responses were put on
the website, no blackmailing could occur..
3.You have recently behaved like a
feudal lord and declared a reputed NGO, Praja, and its employees ‘persona non
grata’ and subsequently, your officers are refusing to respond to RTI queries
on this ground! This is completely illegal and an insult to citizens.
4.After the Kamala Mills fire, you and
your officers are blaming citizens and RTI users! This is a shameless act, and
rubs salt into the burns.
I am using
strong words, but when a public servant defies the Constitution and disparages
citizen’s fundamental rights, it calls for a strict reprimand. You and BMC are
consistently insulting citizens and trying to besmirch a right, which exposes
BMC and its misdeeds. While even Dhule, Latur, Gadhchiroli and Satara municipal
bodies, along with many others, are offering an online RTI facility, BMC is
refusing to do this. Your disregard of law and contempt for citizens and the
law will result in citizens also not respecting you or your directions.
For too long
have RTI users and activists tolerated the arrogance, pompousness and illegal
actions of public servants who wish to continue as kings and courtiers. Even
the President of India cannot arbitrarily take away the citizen’s fundamental
Right to Information. Public servants, who do not wish to be transparent and
accountable, must take up jobs where they do not have an interaction with
citizens.
ENOUGH!
Please respond to this communication before January 17, 2018 with an apology
for the various actions disparaging citizens. Also give us an assurance that
BMC will follow the RTI Act.
Shailesh
Gandhi : Former Central Information Commissioner
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