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Karnataka's next information commissioner is not a votary of RTI Act

Former senior bureaucrat AKM Nayak, who is being appointed the Chief Information Commissioner (CIC) of the Karnataka Information Commission (KIC), once opposed transparency in governance.

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Former senior bureaucrat AKM Nayak, who is being appointed the Chief Information Commissioner (CIC) of the Karnataka Information Commission (KIC), once opposed transparency in governance. The government’s decision to appoint him as CIC has shocked many activists, who feel it would result in defeating the very purpose of the Right to Information (RTI) Act.

A letter — which is in DNA's possession — written by Nayak on February 27, 2002, to Raju Prem Kumar, the then principal secretary of the department of personnel and administrative reforms (DPAR), is ample proof about Nayak’s proclivity. “During the past two years (that is, prior to 2002), the government has been acting in a hurry and repenting at leisure, be it the Karnataka Transparency in Public Procurements Act of 2001 or Right to Information Act. It should not create one more problem for itself,” writes Nayak.

He was then campaigning against the proposed board on transfers and postings of IAS officer and the letter was to oppose any move to constitute the board. The letter was written in the context of constituting a civil services board to regulate transfer of IAS officers.

Nayak said he was a secretary at DPAR in 1997 and attended the chief ministers’ conference held that year. Setting up the civil services board was one of the subjects that did not find any takers during the chief ministers’ meet. “In fact, everyone attacked the proposal. It is not known as to how many and which states have since then constituted the civil services board, after the consensus, said to have reached on September 1, 2000, in the standing committee,” the letter said.

“What is proposed in the draft government order may best be followed informally. Once issued as a formal government order, any non-obeyance/ violations may result in litigation before the Central Administrative Tribunal (CAT). DPAR will be hard put to defend the postings/ transfer orders of IAS officer, particularly the absence of any detailed reasons recorded by the competent authority. It is generally the worst of officers who will make the best use of the opportunities available to litigate and the good officers, who do not have the resources to fight litigation, will find approaching the proposed board a frustrating experience,” he said in the letter.

“There could also be some occasions where, for good reasons, an officer has to be transferred. However, the reasons could be such as cannot be brought on record or if brought on record, many not be properly appreciated in any judicial proceedings. Besides, all sorts of unforeseen situation may arise, where the government has to act quickly and decisively. Government’s discretion, in the matter of postings and transfers, should, therefore, remain unfettered,” the letter added.

Nayak’s antecedents show he may not be a votary of the RTI. When he was principal secretary in the water resources department, Nayak refused to divulge information needed for the 2007-2008 annual report of Command Areas Development Authority (CADA). The report had blamed him for not providing information about CADA’s achievements during that fiscal year, despite several reminders sent to him.

Meanwhile, a public interest litigation seeking transparency in the appointment of CIC is still pending before the Supreme Court. In Nayak’s own words: “The government had really hurried with his appointment without going into his past even after the CIC post had fell vacant from July 2010.” RTI activists have threatened to stage a protest during Nayak swearing-in after the governor gives his assent to the government committee’s decision to appoint him as the CIC.

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