dna was the first to report about the landmark order by chief information commissioner Ratnakar Gaikwad.
It has been six months since the state government has been defying a state information commission (SIC) order.
The SIC declared that the offices of ministers and ministers of state as public authority in an order on September 24, 2015. By implication, the order meant that these offices will fall under the purview of the RTI Act.
dna was the first to report about the landmark order by chief information commissioner Ratnakar Gaikwad.
"Offices of ministers have been set up by government... these perform several duties — receiving files from various departments, applications from people and complaints from the public, and correspond with various authorities/offices...Sizable staff is also sanctioned by the government to these offices... They, therefore, fall under the purview of section 2 (h) (d) of the RTI Act, 2005," the order has said.
The order was passed on a complaint by Govind Tupe, a journalist, who did not get information from the social justice minister's office.
"Some officers recommended by the social justice minister were arrested by the Anti-Corruption Bureau. I wanted to know how many such recommendations were made and to which departments. When I went to follow up on my application, the minister's staff refused to reply, saying his office is not under RTI. Neither did I get any information, nor could I file the first appeal as the office was not under RTI. I then filed a complaint with the commission," said Tupe.
Though the chief secretary stated that the SIC order would be complied with, it didn't happen. When the government did not comply with the order, another complaint was filed.
At the show-cause hearing notice, the government sought extension twice, stating that the matter rests with the chief minister. During this period, Tupe sought details from the general administration department on the measures taken for compliance of the order, along with the opinions sought and given, remarks of secretaries and ministers.
"Till today, they have not given any information. In fact, they said do what you want to do against us," said Tupe, who has now complained to the commission.
An officer from the general administration department said: "The matter was given to the advocate-general."
Shrihari Aney, who recently quit as A-G, said: "I cannot talk on these issues. Even if it was sent to me, it is a matter of confidentiality. Please check with the government."
Shailesh Gandhi, former central information commissioner, said: "Orders have to complied with. The Maharashtra government cannot be expected to be the Constitution of India. They could have challenged it, at least that would have been legal.
"If the government has to find out from the Centre, is it equivalent to finding out what is happening with the ISI or at Dawood's home that it is taking so much time? That is just a phone call away. Layers of staff are already there and they just need to designate someone. They are being completely dishonest with their reasons. They should show some respect to law."
A dna text message to chief minister Devendra Fadnavis did not evince any reply.
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
 "Fadnavis")
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}