Wednesday 14 January 2015

First resign,then fresh appointment possible for Information Commissioner-Advocate General

The Advocate General of Maharashtra has specified that the post of Information Commissioner can not be filed by the CM or the Chief Information Commissioner.This post has to be filed by the Governor's order which undertaken on the recommendetion of the high power committee consisting of the CM, Dy CM and the Leader of Opposition. But it has now come to light that the current Chief Information Commissioner Shri Ratnkar Gaikwad has been undertaking the acitivity of transfering the Information Commissioner from one region to another which he is not to empowerd to.The Governor office has been intimated about such illegal transfer by RTI Activist Anil Galgali in the past but strangely not taking any action on the complaints, which is surprising express Galgali.

RTI Activist Anil Galgali has in the past 10 months been highlighting various irregularities anf illegal transfers wide his 3 different letter to Governor office but sadly the Governor instead of acting on those letter has simply forwarded the complaints to GAD and put up his hands in the matter. Ahead GAD which was occupied by Meena type bureaucrtes has been virtully sleeping on it.Its need to be highlighted here that Shri Vilas Patil who was appointed by Governor on the recommendetion of High Power Committee as Information Commissioner,Nagpur for period of 5 years was again recommended by High Power Committee to be transfer to Nashik on 22 June 2007 to the Governor.Then Governor S M Krishna sought the opinion of the law and Judiciary Department which on 16 November 2007 opinion that Vilas Patil's prior appointment of Information Commissioner, Nagpur and later recommended to transfer in Nashik has to be the fresh appointment. Since the opinion was not clear the Governor sought the opinion of then Advocate General of Maharashtra, Ramesh Kadam who subsequently on 14 February 2008 opinion that Vilas Patil who has appointed as information commissioner for Nagpur will have to first resign from his post and then the recommendation of High Power Committee be treated as a recommendetion of fresh appointment as Information Commissioner,Nashik.

Though having this 2 persedence and example on record, the Chief Information Commissioner Gaikwad misusing and going beyond his power, first gave additional charge of Pune Information Commissioner to Ravindra Jadhav who was appointed as Information Commissioner, Amaravati ( Ex Private Secretary to President Of India Pratibha Patil) and latter transfer Pune Information Commissioner M H Shah from Pune to Amaravati Information Commissioner. There by regularizing Jadhav appointment as Information Commissioner, Pune. In the meanwhile M H Shah was eased out from his post on health reason and showing the post of Amaravati Information Commissioner as vacant, Gaikwad requested Governor. In fact in April 2014, Mr Shah Information Commissioner Pune would could not discharge his duties due to his sickness should have relived from his post and fress appointment for Information Commissioner Pune should have been sought but instead to favor to Jadhav,  Gaikwad played this puzzle to twist the law.

RTI Activists Anil Galgali has alleged that Ratnkar Gaikwad
in connivance with some officer in GAD snd the Governor officer has been twisting the laws and misusing his position to favor some important people. In the process this act is causing insult to the Governor who's powers he has usurpd by conduting this illegal transfer.The Governor should take cognizance
and take immediate action on Ratnkar Gaikwad.

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