PANJIM: In what could become a huge embarrassment to the Pramod Sawant led government, the outgoing Goa Lokayukta P K Mishra in his report has written that the Minister for Waste Management, Michael Lobo, is unfit to be a minister and must resign.
Lokayukta passed the order on a petition by Rose R P de Souza, of Bhatti Waddo, Arpora, wherein the complainant has highlighted the maladministration of the respondents and has alleged that the respondents have deliberately delayed the matter relating to grant of construction license to her, to cause harm and loss to the complainant.
Arpora Sarpanch Shrikrishna Nagvekar, Secretary Rui Cardozo, North Goa Planning and Development Authority (NGPDA) Member Secretary Rajinder Pandita, Minister Michael Lobo who was the then NGPDA chairman and Secretary (panchayats) have been made respondents in the matter.
The complainant had sought permission from the Mapusa Planning and Development Authority to construct a house and despite the TCP clearing the file, the village Panchayat pointed out certain mistakes in the application. Following which, the complainant then filed a revised plan with technical approval from the Town & Country Planning Authority and filed the same before the Panchayat.
However, since the Panchayat sat over the application, the complainant moved the Deputy Director of Panchayat by filing the due process. Post that, after giving an appropriate opportunity to the complainant as well as Panchayat, The Deputy Director, by order dated 2/2/2018 directed the Secretary of the village panchayat to issue the construction license within two weeks.
This Institution after hearing the complainant and upon going through the complaint petition and annexed documents, directed that a detailed investigation should be held and notices were accordingly issued to the Respondents.
Since Respondent No 4 remained absent in spite of being served the notice through a special messenger, they were set exparte by order dated 30/8/2018.
The Lokayukta said that it’s necessary to notice that the Respondent No 4 (Michael Lobo), in a rather gratuitous manner has noted in the NGPDA file that the question of public access should be considered and the records may be corrected.
“With all respect to Respondent No 4 (Lobo), he had no business to poke his nose and suggest correction of record for alleged access to the public. If at all such a question arises, it can only be decided by the competent civil court or decided with reference to admitted government records and not by the mere ‘ipse dixit’ of an MLA or Chairperson or NGPDA. The NGPDA was obviously bound by the records maintained in Survey and Settlement Department,” the Lokayukta said.
The order further added that at the time when this proceeding was initiated, the Respondent No 4 was the Chairperson of NGPDA as well as MLA.
He has ceased to be a Chairperson of NGPDA and has become a Minister.
“The Act does not contemplate giving any declaration that an MLA is unfit to continue in office under section 16A. If any declaration is made that he should not continue as Minister; and such a declaration is accepted or deemed to be accepted, the matter is left to the discretion of the concerned Minister to resign or not to resign. Therefore, in the present political scenario possibly no useful purpose would be served by giving a declaration that Respondent No 4 is unfit to continue as a Minister. In spite of such stark reality of futility of making such a declaration, this Institution considered that it is its solemn duty to give a declaration that Respondent No 4 should not continue to hold the office of Minister,” the Lokayukta ruled.
Further, it said the as far as Respondent No 1 (Sarpanch) is concerned a declaration is required to be made that he is unfit to continue as Sarpanch or ward member.
So far as Respondent No 2 (Panchayt Secretary) is concerned, it is recommended that appropriate disciplinary proceeding should be initiated against him for deliberate dereliction of duty and it is left to the discretion of the Chief Secretary as to whether he should be suspended.
“Since the Chief Minister is the Competent Authority in respect of a Minister, the report is also required to be sent to the Chief Minister along with relevant materials on record including the complaint petition,” the order says.
