Thursday, May 02, 2024

HIPA DG ‘tried to pressurise commission…caution her not to interfere’: Haryana chief information commissioner

Indian Express: Chandigarh: Thursday, 2 May 2024.
Taking serious note of a WhatsApp message sent by Haryana Institute of Public Administration (HIPA) Director General Chandralekha Mukherjee seeking adjournment of a Right to Information (RTI) case, Haryana Chief Information Commissioner (CIC) Vijai Vardhan said in an order last week that she “apparently tried to pressurise the State Information Commission to delay the hearing of a case”. While Mukherjee admitted to making the request, she said there was no intention to interfere with the Commission’s functioning.
In his April 26 order, Vardhan referred to a WhatsApp message Mukherjee sent to him on November 30, 2023, requesting him to reschedule the hearing of a case. “…this conduct of the present Director General, HIPA Gurgaon is not only devoid of administrative decorum, propriety and courtesy but also tantamounts to interference in the functioning of the Commission,” he said.
The Commission also advised the Haryana chief secretary, who is also chairman of HIPA, to issue an advisory to the director general “cautioning her not to interfere in the functioning of the Commission, in future”.
A government-funded institute established in 1983, the HIPA imparts training to government employees, including those from the state civil services.
The case in question involves Gurgaon resident Raman Sharma, who had filed 28 complaints against officials of the accounts, administration and engineering wings of HIPA. To know the status of these complaints, Sharma had filed an RTI application to HIPA State Public Information Officer (SPIO) Rekha Dahiya, who is an assistant director-level officer.
Unsatisfied with the SPIO’s response, Sharma approached the Commission on September 21, 2023, saying that out of 28 complaints, some were against Dahiya while she claimed that the complaints against her were already closed by the authorities after examination. Sharma had raised questions on her appointment as assistant director stating it had taken place in 2014 when the Model Code of Conduct (MCC) for the general elections was in place. Dahiya had rebutted the same claiming that the advertisement for the post was issued on May 29, 2014, while the MCC was only in place till May 26, 2014.
After hearing both parties, CIC Vardhan observed that the SPIO had “deliberately delayed and denied” furnishing of solicited information. In his order, Vardhan also pointed out that Mukherjee, a former IRTS officer, had sent him a WhatsApp message on November 30, 2023, requesting him to reschedule the hearing from December 7, 2023, to April 2024 while referring to the Mission Karmayogi Haryana (MKH), an ethics training programme for 3.17 lakh government employees launched on November 20, 2023.
In her message, Mukherjee wrote: “As you can visualise, the logistics of this task of mobilising over 3 lakh employees is enormous and everyone at HIPA is extremely busy finalising and implementing MKH. The date of completion of MKH is 31st of March, 2024. I seek your consideration in this matter and your kind support for the smooth conduct of this Mission Karmayogi Haryana Ethics Training Programme.”
Subsequently, she also emailed a demi-official letter to the CIC requesting the hearing be adjourned by nearly four months. The request was declined.
Mukherjee told The Indian Express that after the request was declined, the HIPA officers concerned had attended the hearing in the Commission as per schedule. She also said she had high regard for the Commission and she regrets that her request for an adjournment hurt someone.
Vardhan also observed that the SPIO concerned had also “tried to interfere in the functioning of the Commission by sending a Whatsapp message to his personal assistant [PA] requesting him to prolong the hearing of the case by six months”.
“This is an extremely serious matter and cannot be ignored by the Commission,” observed Vardhan, advising the state chief secretary to initiate disciplinary action against the SPIO regarding “this act of hers immediately and also apprise the Commission about its progress within three months”.
Vardhan also said that the SPIO denied furnishing the solicited information to the applicant in spite of the specific directions of the first appellate authority. However, Dahiya said that only the “personal” information was not shared with the applicant as per the provisions of the RTI Act. She also claimed that there was no attempt to interfere with the functioning of the Commission as merely a request was made to the commissioner’s PA for an adjournment.