DCP stripped of First Appeal hearing duty

In a one-of-its-kind order, the Konkan bench of State Information Commission (SIC) has asked the public authority (Home department/Police) to strip a Deputy Commissioner of Police of the powers to hear the First Appeal under RTI. This was done after the DCP (Traffic) Sandeep Palve allegedly hit an RTI applicant repeatedly during day one of a First Appeal hearing. The commission has also directed the Home Department to conduct an inquiry and take action against the DCP, if found guilty.

The order also asks the state government to issue a circular telling officers to conduct themselves appropriately while dealing with RTI applicants within 15 days. This is the first time that an officer has been stripped off his responsibility as First Appellate Authority (FAA).

Thanksy Thekkekara issues the order on January 11, 2018 while hearing an application by Kalyan-based Kailash Govind Avhad. Avhad, in his RTI application to the Police department, had sought details of some First Appeals he made to an earlier DCP (Traffic) of Thane city and details of another DCP.

"He hit me many times near my ears," said Avhad. "After that, I could not hear properly and went to the government hospital to undergo tests."

The commission based its order on these medical reports and stripped Palve of his responsibilities to hear First Appeals. "People asking for RTI information need to be protected and not attacked," said Thekkekara.

"I haven't seen the order as yet. I will check," said Maharashtra chief secretary Sumit Mullick. Palve could not be contacted for comment. "There should be an inquiry and action on such an officer," said S K Nangia, an RTI activist.