The Bangalore Metro Reporter
DODGING THE RTI!
THE SECRET TO DEFEAT THE RTI, THE KPSC STYLE…
Here is the sweet news for the government departments, statutory bodies, corporations and boards to defeat the very purpose and basics principles of Right to Information Act. They could very well follow the footprints of KPSC in dealing with ‘inconvenient’ RTI applications and applicants. The modus operandi of the KPSC is very simple. Just black list the RTI applicant! The unprecedented action of KPSC in blacklisting a RTI applicant, way back in 2008, has now surfaced. The KPSC had blacklisted its former employee Suresh Jain who had asked scores of inconvenient and embarrassing questions under RTI. If this action is taken to its logical conclusion, then there is no need for RTI Act and Information Commission....
Suresh Jain, a steno in KPSC was compulsorily retired by the KPSC few years back on flimsy grounds. The so called grave offences by him was asking the office Time piece to be set correctly, requesting stocking of the library books on various Acts, rules etc. M.N.Gururaja Rao, an Assistant in the Establishment Section had a running feud with Suresh Jain because Suresh Jain had questioned some of his actions. It is to be recalled that Gururaj was very close to the successive Chairmen and members, that is why Gururaj allegedly managed to get an enquiry initiated against Suresh Jain for petty matters. Wonder of wonders, the enquiry into these petty issues were conducted through Registrar of Enquiries in the Lokayukta. At the maximum, even if the charges were thoroughly probed and proved, the maximum penalty would have been ‘censure’ to Suresh Jain. It is during this time, the scam in KPSC were exposed by the media, like answer script scams, DE scams etc. Gururaj allegedly poisoned the minds of the KPSC Chairman and members blaming Suresh Jain behind the exposures. Therefore, when the Lokayukta Registrar submitted enquiry report stating that the charges (petty of course) were proved, Suresh Jain was given the severe penalty of compulsory retirement. However, Suresh Jain challenged his compulsory retirement in the KAT and it is pending since more than a decade. If one were to take a glance at the charges leveled against Suresh Jain, one will definitely laugh at them.
This is the background of Suresh Jain. True, there are very serious criminals in the KPSC who have succeeded in hushing up their criminal offences and getting promotions after promotions. It is true that Suresh Jain had made attempts to appeal to the KPSC to repeal the penalty. But Gururaj, who has become more powerful, has scuttled even such attempts.
Whatsoever, after the RTI Act came into force, Suresh Jain started filing RTI application concerning the various omissions and commissions in the KPSC. He wanted to prove that while he was compulsorily retired for a petty offence, there are scores of officials in KPSC who have committed heinous offences, most of which are criminal in nature. Moreover, RTI is also aimed at getting the grievances redressed. There was nothing wrong in Suresh Jain filing applications after applications; some were embarrassing for the authorities.
In 2007, the KPSC tried to prevent Suresh Jain in asking questions under RTI. The then Secretary had asked him to withdraw all his RTI applications convincing him to put up his appeal to the KPSC Chairman H.N.Krishna who was retiring in a few days. As directed, Suresh Jain gave the required letter, but he did not know that it was a trap. Once he signed the application regarding withdrawal of all RTI application, his appeal was simply not considered.
Feeling betrayed, Suresh Jain continued with his RTI applications. One can imagine the way Suresh Jain was harassed and victimised by Gururaj and the KPSC by the incident regarding the issue of absolute sale deed of the KPSC Housing Society, owned by Gururaj. While in service Suresh Jain was allotted a site by the society and he had paid the sital amount. Gururaj had refused to register the sale deed in Suresh Jain’s favour even years after the Lease Deed. Suresh Jain had applied for information about the society under RTI. When he was in need of money, he wanted to sell the site and he could not do so in the absence of sale deed.
Moreover, allegedly, there is an unwritten rule by Gururaj that stipulates that a member selling the site should pay 20% of the sale consideration to the society that is Gururaj, without receipt! Gururaj to curtail Suresh Jain’s RTI applications, demanded that he withdrew all the RTI applications and resign from the membership of the society if he wanted sale deed and also to avoid 20% sale consideration if he sells the site to others. Finding no alternative, Suresh Jain had to withdraw the applications!
In fact, Suresh Jain who was forced to withdraw RTI applications on the directions of the KPSC Secretary in 2007 simply withdrew his letter after he realised that he was taken for a ride. He then examined his applications. In one case, Suresh Jain filed an appeal with the Information Commission, after the KPSC dodged to provide information. He was denied the right to inspect the records under RTI.
Unfortunately, HN Krishna, the KPSC Chairman who was prejudiced against Suresh Jain became the Information Commissioner after retirement from KPSC. In fact, the constitution does not permit the Members or Chairman of Public Service Commissions to occupy any office of profit, after their retirement from the Commission. But HN Krishna, had lobbied hard and HD Kumaraswamy, the then CM had appointed him as the Information Commissioner! Everybody knows that HN Krishna is facing criminal cases for all his scams in KPSC and even was sent to jail. His vulgar behaviour with government officials in his capacity as Information Commissioner is also well known. He was asked to resign as the Information Commissioner after he was sent to jail.
Naturally, Suresh Jain’s appeal was purposely placed before HN Krishna and as is expected, Krishna dismissed the appeal. HN Krishna never heard Suresh Jain’s version. Finally, Suresh Jain made an application to the Chief Information Commissioner that his appeal be heard by another Bench. The CIC had heard the appeal and directed the KPSC to provide the details sought by Suresh Jain.
In the meanwhile, Gururaj had advised the present Chairman Gonal Bheemappa to do the unthinkable to prevent Suresh Jain from applying RTI. In an unprecedented move, the KPSC held the meeting with the full attendance of the Chairman and all the Honourable Members of the Commission. In the meeting, it was decided to ‘blacklist’ Suresh Jain and not to entertain any of his RTI applications. The Commission had also decided to communicate the decision to the CIC and other Information Commissioners! Interestingly, the KPSC submitted this resolution to the CIC during the hearing of the appeal, but, the CIC ignored this and directed the KPSC to provide the information sought by Suresh Jain under RTI. However, the KPSC was adamant. It challenged the CIC orders in the High Court and the HC had dismissed the Writ by upholding the CIC orders. The KPSC had filed an appeal in the High Court before the Division Bench and obtained a stay against the single judge’s order. We cannot further discuss the possible decision of the HC Division Bench as it will be subjudiced to discuss it.
What does this mean? If the other government departments, Boards, Corporations, statutory authorities follow KPSC and go on blacklisting the RTI applications, the entire foundation of the RTI Act collapses.
In fact, there is no provision in the RTI act to blacklist any applicant. There is a provision to deny the information only Under Section 8 of the RTI Act. There is absolutely no other way to deny the information except Under Section 8.
If the ‘blacklist’ of applicants is taken to the logical end, the relevance of the Information Commission and the RTI Act itself becomes irrelevant. This is a test case for the RTI activists to bring sanctity to the Act.
That is all.
Posts
No comments:
Post a Comment