The prospect of Public Works Department scam-tainted Maharashtra Information Commissioner Deepak Deshpande facing dismissal proceedings under the provisions of RTI Act has become imminent, with Maharashtra Chief Minister Devendra Fadnavis deciding to recommend to Governor Ch Vidyasagar Rao the former’s suspension from the constitutional post.
According to State Government sources, the CM had already approved a proposal to recommend the suspension of Deshpande.
However, sources at the Raj Bhavan said on Saturday night that the Governor has not yet received the recommendation for the same.
The CM’s decision to recommend Deshpande’s suspension has come less than a week after the State ACB conducted raides on the latter’s residences in Mumbai and Aurangabad and seized 1.53 kilograms of gold, 27 kilograms of Silver, bonds to the tune of `two crore, three bank accounts with `50 lakh deposits and four bank lockers.
The investigators found Deshpande, who is one of the 16 accused in the multi-thousand crore PWD scam, to be owning flats and bungalows in Thane (1), Pune (three) and Aurangabad (1), a plot at Aurangabad, shops at Nashik and Aurangabad, five hectares of agriculture land at Aurangabad and two four-wheelers.
Under section 17 (1) of the RTI Act, the Governor has powers to remove Deshpande from his post on the grounds of “misbehavior” or “incapacity”, after referring the matter to the Supreme Court. The relevant section of the RTI Act reads thus: “Subject to the provisions of sub-section (3), the State Chief Information Commissioner or a State Information Commissioner shall be removed from his office only by order of the Governor on the ground of proved misbehaviour or incapacity after the Supreme Court, on a reference made to it by the Governor, has on inquiry, reported that the State Chief Information Commissioner or a State Information Commissioner, as the case may be, ought on such ground be removed.”
Pending an enquiry and receipt of a report from the Supreme Court, the Governor may under section 17 (2) of the Act either suspend the Information Commissioner concerned, against whom he has made reference to the apex court, from office or prohibit him from attending the office.
The Governor may use another provision stipulated under section 17 (3) of the Act to proceed against Deshpande. For, this sub-section states that if the person holding the post “has acquired such financial or other interest as is likely to affect prejudicially his functions as the State Chief Information Commissioner or a State Information Commissioner” to axe Deshpande, considering his alleged involvement in the PWD scam.
Deshpande, a 1976—batch MPSC officer who holds an M Tech degree from IIT—Bombay, held positions in the PWD and the Maharashtra State Roads Development Corporation (MSRDC) and is also a member of the Institution of Engineers