File affidavit on appointment of CIC: HC to state

The Bombay High Court on Thursday asked the Maharashtra government to file an affidavit before December 17 in reply to a public interest suit challenging the appointment of State Chief Information Commissioner Ratnakar Gaikwad.

The suit was filed by Right to Information activists Krishnraj Rao, Anil Galgali, Sulman Bhiamani, Mohammed Afzal and G R Vora. It alleged Ratnakar Gaikwad had retired as chief secretary of Maharashtra and had enjoyed a privileged and influential position through a high-powered committee that selected him for appointment as State CIC.

The PIL prayed for quashing “prejudicial” selection and appointment of the Chief State Information Commissioner (Chief SIC) by the State in violation of Right to Information Act, 2005, Constitution of India and Principles of Natural Justice. The suit said no person was permitted to be judge in his own case.

 

As chief secretary, Gaikwad was the de facto appointing authority, while the Governor of Maharashtra was only nominally the appointing authority. Gaikwad used this position to his own advantage and virtually selected and appointed himself as the Chief SIC with the help of other respondents, the suit alleged.

The petitioners contended Gaikwad was himself at the centre of a small inner circle responsible for conducting the selection process whenever vacancies arose.

“Despite many applications lying before him, Gaikwad, deliberately sat on the files, neglected this duty, and left the office of the Chief SIC vacant for over 10 months, so that he could occupy this office immediately after his retirement,” the PIL said.

Gaikwad left as many as three other benches of SICs vacant for periods ranging from 4-16 months. The documents available indicate that this was a deliberate action, the PIL alleged.

Exactly six days after his retirement from the post of Chief Secretary, a meeting of the High Powered Committee was convened, exclusively for the purpose of selecting for the post of Chief SIC, the petition stated.