PIL against Gaikwad appointment quashed
The Bombay high court on Thursday dismissed a public interest litigation challenging the appointment of former Maharashtra chief secretary and former MMRDA commissioner, Ratnakar Gaikwad, as the state chief information commissioner.
A division bench of Chief Justice Mohit Shah and Justice Anoop V. Mohta was hearing a petition filed by two Right to Information activists, Krishna Rao and Sulaiman Bhimani, challenging Mr Gaikwad’s appointment. In their petition, the activists had stated the appointment was made in violation of RTI Act, 2005, and the principles of natural justice.
The petition had also stated that as chief secretary to the state government, Mr Gaikwad enjoyed a privileged and influential position with respect to the high-powered committee that made the appointment. They had contended that there would be conflict of interests, as Mr Gaikwad, being a former government official, would adjudicate matters concerning the government. The petition also alleged that Mr Gaikwad had kept the post of chief information commissioner vacant for ten months so that he could ‘self-appoint’ himself in the post.
However, Advocate General Darius Khambata argued that there was no violation of the law. He informed court that no rule states that a former government official can’t be appointed as the chief information commissioner of the RTI.
The bench accepted the arguments of Khambata and dismissed the petition.
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