Taking a critical view of the minutes of the 2010 meeting that mentions only the decision as taken by the high-powered committee, the tribunal stated that it should "at least inform why people make it to the select list."
The Maharashtra Administrative Tribunal (MAT), Mumbai has questioned the selection process of the information commissioners and has asked the state government to frame rules for the same. MAT has also directed the chief secretary to file a compliance report in eight weeks. MAT has suggested that the government issue a public notice for the selection process, and conduct interviews which could be duly recorded, if it helps.
The order by MAT was passed on April 16, 2015 after an application by one John Kharat. It was passed by Rajiv Agarwal, vice chairman and R B Malik, member.
A few years ago, Kharat was an applicant for the post of information commission when the posts of Nagpur, Aurangabad and Nashik benches had to be filled. He did not make to it to the post.
The selection of the state chief information commissioner and information commissioners is done by a high-powered committee headed by the chief minister. A senior cabinet member and leader of opposition are its members. Interested applicants are to send in their applications, which are then selected by the three. As per the RTI Act, commissioners are supposed to be people of eminence from various fields.
Noting the provisions in the RTI, the tribunal stated that "We do not think it (selection) is restricted only to the present or past public servants. We are of the view that while scouting for the said posts, the high-powered committee will have to make sure that the area of sources is sufficiently large, so as to attract and ensure the appointment of the best talent for these important posts."
Taking a critical view of the minutes of the 2010 meeting that mentions only the decision as taken by the high-powered committee, the tribunal stated that it should "at least inform why people make it to the select list." The MAT also said the minutes of the meeting should give salient details with regard to the eminence of the other applicants who had not been ultimately recommended to the governor for their appointment.
"In our opinion, that aspect of the matter was necessary in order to give at least a broad view of the other candidates who were vying for the said posts. The crux of the matter is to have as wide an area to draw the candidates from as possible, so that at the end of the day, the best of the talents could be utilised in this very important public service," read the order.
The order makes a mild reference to the fact that some applications sent their applications to the deputy chief minister who "hailed the applicant for his quality of head, heart, and mind".
"There is an adage that justice should not only be done, but it should seem to have been done... There is an urgent need to make rules consistent with RTI for selections of posts of chief and other information commissioners," read the order.
Vijay Kumbhar, who is fighting a case in the high court on the appointment of information commissioners said, "Such an order should not have come in the first place. But the way bureaucrats have appointed themselves, it is a slap on their conduct. They should frame rules in a way that people do not suspect on their intentions."
When dna approached Swadheen Kshatriya, chief secretary, he said, "We will examine it in consultation with the law department."
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