Maharashtra apathy to staffing shortage hampers information commissioners

The apparent apathy of the state government towards pressing issues facing information commissioners has put a question mark on the fate of the Right to Information (RTI) Act, 2005. Leader of the opposition of the state legislative assembly, Eknath Khadse, has blamed the chief minister, Prithviraj Chavan, for endangering the fate of the RTI in the state.

The posts of chief information commissioner (CIC) and two state information commissioners (SICs) are lying vacant as the state government is yet to take a decision on the appointments, as reported by DNA  on September 21 (‘Vacancies in SIC post create backlog’).

There are seven SIC benches across the state. The SIC disposes of second appeals filed under the RTI Act. As of September this year, more than 17,000 second appeals are pending in the state.

A three-member committee — which includes the chief minister, deputy chief minister and leader of the opposition — decides on the appointment of the CIC and SICs. However, although two months have passed since the post of the CIC fell vacant following the retirement of Vilas Patil, the committee is yet to meet.
Khadse blamed Chavan for the prolonged vacancies. “The chief minister has to call the meeting and in spite of repeated reminders, has not managed to do so,” he claimed.

He said a letter written by him to the CM pointing out the rising pendency of second appeals due to the vacancies had gone unanswered. “The CM is giving the signal that he is not interested in the process,” he said.

Other than the information commissioners, there are many other vacancies. With more than 40% of the administrative posts lying vacant in various benches of the SIC, the pendency of second appeals is at an all-time high in the last 6 years.

The administrative staff are deputed from other departments of the state government by the general administration department (GAD). However although 6 years have passed since the promulgation of the RTI Act, 40% of the administrative staff in the seven benches are yet to be appointed.

Sources in Mantralaya told DNA that senior officers of the GAD are uncomfortable with the powers of information commissioners to summon and fine senior bureaucrats. This has translated in delay in appointing the necessary staff.