Chief Ministers Office does not possess records of files which are 'out of norms' or of 'Individual Interest'

Sharad Pawar's 'Paralytic attack' on CM for not signing files had disturbed the CM Prithviraj Chavan, in his urge to retaliate the CM said that he is prompt in signing files of public interest, but files which are 'out of norms' or of 'Individual interest' are not given priorty. Now on the basis of reply to a query filed by RTI Activist Anil Galgali it has been informed that the Chief Ministers Office (CMO's) file handling dept has no records of files which are classified as 'out of norms' or 'being of individual interest'.

In a query to the CMO filed on 12/09/2013, Anil Galgali sought to know how many files which were out of norms are pending with the CMO? Also details of rejected files? What action has been taken on officers who have sent files which are 'out of norms' or of 'Individual interest'? On the query the Under Secretary of the dept Mr Sanjay Bankar replied on 05/10/2013 that the CM takes an individual decision on each files and after the decision is taken the files are sent back to the respective departments and the CMO does not record or maintain the details of the decision taken. He also attached a detailed report of department wise files received, sent & pending from period 20/11/2010 to 04/10/2013. In the said details it can be learnt, that from 47 departments, the CMO received 28395  files out of which 27135  files have been sent to the respective department and 1257  files are pending with the CM, also none of the files are 'Confidential'. Regarding action taken on officials for sending 'out of norms' & 'individual interest' files he said it was not possible to give such records as the query concerns classified information. Hence it does not come under RTI Act. The RTI Act only entails provision of information which are recorded or descriptive.

An appeal on the above reply was filed before Shri Sunil Patil, Joint Secretary & 1st Appellate authority of CMO on 25/10/2013. The hearing on the appeal was conducted 12/11/2013, in which Mr Galgali urged that if the CMO does not maintain the records of decision taken, then the application be transferred to the respective dept under section 6(3) of the RTI Act 2005. Mr Galgali also said the Mr CM himself has quoted that he does not give priorty to files which are 'out of norms' or of 'individual interest', hence it is possible to maintain such records and action taken on such files, also the record of officials who forward such files.

Mr Patil rejected Galgali's appeal stating that Mr CM's remarks or notings which are put on the files are available with the all respective departments, hence if Galgali wants this information, he may apply to all the 47 departments individually and obtain the information of CM's remarks on Individual files.

Mr Galgali expressed surprise that CMO does maintain the record of files received, sent or pending with it, but does not maintain a record of the CM's remarks on the files concerned. If such a record is maintained this will ensure that there would be no tampering of Remarks or instructions, also a track of officers will get maintained, who pursue files which are 'out of norms' or of ' Individual interest'. Also CM should take action on officer who has sent such files to him for consideration.