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Tuesday, May 20, 2014

Government and Information Commission of Maharashtra misrepresented the facts

Literary geniuses (LG) of Maharashtra mantralay have recently issued a circular about compliance of section 4 of The RTI act. These LG’s are expert in avoiding any issue that is embarrassing to the Government. That means in case of any serous agitation, Fast, rally or media news about anything they promptly issue a well drafted circular to calm the issue temporarily.

In a circular issued On  9th of this month government has mentioned that , The central RTI act came in to force on 12th October 2005 It was necessary for all the public authorities to comply and update information on 17 points in section 4 (1) (b) of this act 120 days before it was introduced. Government has repeatedly issued many orders to public authorities in this matter, however it is observed that many public authorities  have still not complied with section 4 of RTI act, hence again following orders is being issued.                                                                                                                 

The public authorities (PA) that  have not prepared information on 17 points of section 4 (1) (b) of RTI act and published it on website, PA’s that have not appointed CPIO’s ,  PIO’s  and AA’s put their names on board are directed to this on priority. All the administrative departments to follow up of this matter with the PA’s under their control, all the PA’s should update their website. All the PA’s should send compliance report to their concerned departments as per directions in this circular.

There is nothing new in this circular, such types of of circulars are so innocent that whether complied or not it makes no difference. In fact one can say that there is always hidden direction in such circular that they should not be complied with.

Now see this, Social activists and information commission time and again keep complaining to the government about non compliance of RTI act. In first quarter of RTI act noted social activist Anna Hazare met chief minister (CM)  of Maharashtra on this issue .Obviously it is always necessary for CM to show displeasure after Anna’s complaint  on any issue, accordingly CM expressed his ‘serious displeasure” on non compliance of RTI act. Promptly literary genius of mantralay on 5th may 2008 through a fresh circular communicated CM’s “ serious displeasure “ to all the public authorities and asked them about compliance of RTI act. There after nothing happened.

There after something happened and on 24 July 2009 present State information commissioner and then principle secretary to the government on Maharashtra Mrs.T.M. Thekkekara issued a fresh circular on same issue. However this time circular was bit tough (?) one. This time there was threat of mentioning non compliance in Confidential Reports of officers if direction were not complied before 31 august 2009. As usual nobody nobody took cognizance of this circular also.

Interestingly during period of Mrs. Thekkekaras’s and earlier circulars, all the information commissioners who are presently working in information commission of Maharashtra were serving on key posts in the government. However nobody bothered about compliance of any circular. As if they knew that their such behaviour will only make them eligible in future for information commissioner’s post. Accordingly same thing happened,. All these people applied for the post of Information commissioners pretending themselves “ person of eminence” and another High Power committee of persons of eminence headed by CM , deputy CM and leader of opposition agreed with and recommended their names and accordingly governor appointed them as Information commissioners.       
Present information commission has several times  has warned of serious action against all the public authorities for non compliance of RTI act, however till today non of them has taken it seriously, because public authorities know that all the present commissioners were their former bosses and equally responsible for  non compliance of the act, hence they didn’t take cognisance of any warning.


Through 9th may circular  government has confessed that even in ninth year of RTI act  many public authorities have not complied with section 4, have not appointed CPIO, PIO and AA’s , even then since last many year government claims that 95% of the applicants get the desired information. Information commission is echoing the same thing. However in absence of adequate CPIO’s, PIO’s and AA’s how it is possible that 95% applicants got the information? .That means government and commission both misrepresented the facts and hence they have to clarify on it or apologize to the citizens of Maharashtra.