Bombay High Court
Public Concern For Governance, Through ... vs State Of Maharashtra, Through ... on 11 February, 2020
Author: R. I. Chagla
Bench: S. C. Dharmadhikari, R. I. Chagla
902-PIL.20.2012.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION NO. 20 OF 2012
Public Concern for Governance }
Trust } Petitioner
versus
State of Maharashtra and Ors. } Respondents
Mr.Dipesh Siraya for the petitioner.
Mr.P.P.Kakade-Government Pleader with Ms.R.A.
Salunkhe-AGP for State.
Ms.S.P.Khade-Under Secretary, GAD present.
CORAM :- S. C. DHARMADHIKARI &
R. I. CHAGLA, JJ.
DATED :- FEBRUARY 11, 2020 P.C. :-
1. It is stated, on instructions, by Mr.Kakade learned Government Pleader that on 14th January, 2020, the State has appointed Ms.Achala Khandekar (Assistant Section Officer in the General Administration Department of the State) as the Assistant Section Officer of the Konkan Bench of the State Information Commission. Mr.Kakade says, on further instructions, that this appointment is made consistent with Rule 6 of the Secretary, Deputy Secretary, Under Secretary (Legal) and Section Officer (Gazetted) in the Office of Maharashtra State Information Page 1 of 3 J.V.SALUNKE,PS ::: Uploaded on - 13/02/2020 ::: Downloaded on - 08/06/2020 19:36:50 ::: 902-PIL.20.2012.doc Commission (Recruitment) Rules, 2018. Mr.Kakade, on further instructions, states that there are 53 posts which are presently vacant in various categories. The State will make all endeavour to fill up the vacant posts and ensure that the working of the State Information Commission is not hampered in any manner.
2. Since Mr.Kakade says that the process is a continuing one and would require time to inform the court about its completion or likely end, we place this matter on 3rd April, 2020. To be listed on the "Supplementary Board".
3. A copy of the appointment order dated 14 th January, 2020 is taken on record and marked as 'X' for identification.
4. We have impressed upon Mr.Kakade that Rule 6 allows an appointment by deputation of a suitable person holding the post of Section Officer in any Department at Mantralaya or post equivalent to the post of Section Officer in any Department of the State Government. However, Rule 7 says that the person appointed to the post mentioned, inter alia, in Rule 6 shall be required to pass the examinations in Hindi and Marathi languages according to the rules made in this behalf, unless he has already passed or has been exempted from passing those examinations.
Further, a person appointed to the post mentioned in Rules 3, 4, 5 Page 2 of 3 J.V.SALUNKE,PS ::: Uploaded on - 13/02/2020 ::: Downloaded on - 08/06/2020 19:36:50 ::: 902-PIL.20.2012.doc or 6 shall possess a certificate in computer operations prescribed by the Directorate of Information Technology, Government of Maharashtra from time to time. By Rule 9, all existing rules regarding deputation or policy prescribed in this regard by the State Government for the State services shall be applicable to the appointments made by deputation to the posts mentioned in Rules 3 to 6 of the concerned rules.
5. We hope and expect that Ms.Khandekar possesses these qualifications and therefore, was eligible to be appointed on deputation. Hopefully, all appointments made on deputation in terms of these rules will be in accordance with Rules 7, 8 and 9 and the State will not in any manner deviate or depart from its policy of recruitment, particularly by deputation. (R.I.CHAGLA, J.) (S.C.DHARMADHIKARI, J.) Page 3 of 3 J.V.SALUNKE,PS ::: Uploaded on - 13/02/2020 ::: Downloaded on - 08/06/2020 19:36:50 :::