Maharashtra's info commissioner has RTI activists up in arms

Right to information (RTI) activists in Maharashtra are up in arms against the selection of Ratnakar Gaikwad as chief of state information commission (SIC). The list of reasons why they say Gaikwad is a misfit for the post mentions his stint as the head of MMRDA (Mumbai Metropolitan Regional Development Authority), his involvement in Adarsh housing society scam and the way he was selected to head the transparency commission.

In a strongly worded letter addressed to Maharashtra governor K Sankarnarayan, prominent RTI activists have said that as metropolitan commissioner of MMRDA, Gaikwad issued occupation certificate to Adarsh building ignoring objections raised by Satish Bajaj, Flag Officer Commanding-in-Chief, Western Naval Command.

In the letter written to MMRDA, a copy of which is with Firstpost, Bajaj raised concerns regarding the construction of a building by a private housing society in close vicinity of Colaba Defence Station and the necessity for screening of the allottees from the security point of view.

In response to Bajaj’s letter, Gaikwad stated that if there was any apprehension about the members of the society from the security point of view, it may be referred to the Commissioner of Police, Mumbai.

“Did Gaikwad have the authority to take a decision in this unilateral matter? Was this a decision based on sound administrative logic i.e. weighing of public interest against private interests?” said Krishnaraj Rao, a Mumbai based RTI activist.

Civil society members opposing Gaikwad’s selection to SIC say that as MMRDA chief, he wrote off Rs 640 contractual obligations of 25 builders involved in 32 slum rehabilitation (SRA) sites. As per the contract with MMRDA, the builders were to provide street lights, drainage, sewer connection and water supply on SRA sites.

Another charge on Gaikwad is that he was selected to SIC in violation of the selection procedure mentioned in transparency act and prima facie, his selection seems to be biased in his favour.

“As chief secretary, Ratnakar Gaikwad, along with the chief minister, was one of the bureaucrats in the state government charged with overseeing the smooth working of the Maharashtra Information Commission, and therefore ensuring that the posts of chief Information commissioner and other information commissioners do not remain vacant.

But he allowed the post of chief information commissioner to remain vacant for 10 months, until he retired and stepped into the position himself. This is an act of corruption,” said Mohammad Afzal, member of the group demanding the removal of Gaikwad from SIC, adding that there the state government did not issue any advertisement for selection to the office of SIC.

After the retirement of chief SIC Vijay Kuvlekar on 7 February, Bhaskar Patil was made the acting chief. Patil retired after nine months paving way for Gaikwad to step in.

In a meeting with social activists on Tuesday, Gaikwad rebutted the charges saying he was not solely responsible for functioning of the entire state government, and therefore, the decision for selection of Chief Information Commissioner did not lie with him even while he was the Chief Secretary.

Interestingly, as chief SIC, Gaikwad will personally hear all second appeals and complaints regarding MMRDA and Mantralaya, public authorities he used to head. Activists allege that will negatively affect the appellants’ right to a fair hearing.

Activists have also been demanding that a cooling-off period of at least a couple of years is stipulated for such postings in government, to avoid conflict of interest.