In a landmark order that may bring transparency in transfers of public servants and bring an end to abrupt transfers of honest officers, the state information commission has asked the Maharashtra government to put up reasons of transfers on its website.
The order has been marked to the chief secretary of state.
The order was given by chief information commissioner Ratnakar Gaikwad on Friday following a complaint filed by Vijay Kumbhar, a Pune-based activist. The activist had complained against the government for not providing a reason for transferring S Pardeshi, commissioner of Pimpri-Chinchwad.
The abrupt transfer of Pardeshi, who was credited to have cleaned up the corporation and the city of the illegal-construction menace during his tenure, was opposed by a large number of citizens and all opposition parties. During the hearing, the chief secretary too was asked to be present. However, he was not around, but the public information officer and the first appellate authority were present.
During the hearing, the activist argued on the provisions of RTI Act and a Supreme Court judgment that make it mandatory for the government to give reasons for a transfer.
Section 4 (1) (c) and (d) of the Act state: "publish all relevant facts while formulating important policies or announcing the decisions which affect public and provide reasons for its administrative or quasi-judicial decisions to affected persons". "In this case, the transfer is affecting the public," said Gaikwad during the hearing.
The commission order quotes a 2011 SC order which emphasizes the role of RTI Act and transfers of civil servants. It quoted the SC order as "....Oral and verbal instructions, if not recorded, could not be provided. By acting on oral directions, not recording the same, the rights guaranteed to the citizens under the Right to Information Act, could be defeated. The practice of giving oral directions/instructions by the administrative superiors, political executive etc. would defeat the object and purpose of the RTI Act and would give room for favoritism and corruption".
The commission directed that reason for the transfer of Pardeshi be provided by March 10 and henceforth the government put up the reasons for all transfers before the tenure ends on its website.
"It is a landmark order that will force politicians to think twice before transferring a person. It will also bring transparency in transfers and government decisions," said Kumbhar.
Contacted, JS Saharia, chief secretary, said, "I have not seen the order yet; so, will not be able to comment."
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