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Ratnakar Gaikwad’s Selection as Info Chief is Incestuous – a Mockery of Natural Justice

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Ratnakar Gaikwad’s selection as Chief Information Commissioner (CIC) of Maharashtra on 6 June 2012 violates a key principle of Natural Justice,  “Nemo iudex in causa sua”  i.e. “No man is permitted to be judge in his own cause”. The circumstances of the selection point to Ratnakar Gaikwad having been “judge in his own cause” in the matter of his selection. Prima facie , it appears that he exercised his powers during his previous tenure as Chief Secretary (i.e. overall chief of Maharashtra’s administration, including General Administration Department (GAD), and reporting directly to Chief Minister who heads the selection committee) to select himself in advance, and to keep the CIC’s seat vacant for 10 months until his own retirement from IAS. He was among the top 2-3 authorities in Govt of Maharashtra responsible for filling the CIC’s post in a timely way. He shirked that responsibility in a way that he gained from it. For its proper functioning, the Information Commission ...