I believe in acquring knowledge and the person who imparts knowlege is "Guru" who is equal to God
"Gurur Brahma gurur Vishnu gurur devo Maheswarah
Gurur sakshat parambrahmah tasmi sri gurave namah"
Thanks a lot Sarbajit.
On Sat, Oct 9, 2010 at 4:21 PM, sroy1947 <sroy1947@gmail.com> wrote:
Thanks for the undeserved compliment. You have cited only a portion of
13(2) and not the provisos.
To summarize from my previous posts: BTW the entire thread can be
viewed here
http://groups.google.com/group/rti_india/browse_thread/thread/9458036ec4f63be7
and
"13(2) Every Information Commissioner shall hold office for a term of
five years from the date on which he enters upon his office or till he
attains the age of sixty-five years, whichever is earlier, and shall
not be eligible for reappointment as such Information Commissioner:
Provided that every Information Commissioner shall, on vacating his
office under this sub-section be eligible for appointment as the Chief
Information Commissioner in the manner specified in sub-section (3) of
section 12:
Provided further that where the Information Commissioner is appointed
as the Chief Information Commissioner, his term of office shall not be
more than five years in aggregate as the Information Commissioner and
the Chief Information Commissioner.
:
:
13(4) The Chief Information Commissioner or an Information
Commissioner may, at any time, by writing under his hand addressed to
the President, resign from his office:
Provided that the Chief Information Commissioner or an Information
Commissioner may be removed in the manner specified under section 14."
Comment:
So If Prof Ansari were to resign tomorrow with immediate effect (ie.
like Ms Omita Paul and unlike yourself), then the restriction of 13(2)
would not be applicable to him (as his vacation is not u/s 13.2) and
he could be appointed afresh as C'IC till he attains 65 years as his
eminence for the position is undeniable."
"Please read section 13 carefully
1) 13.1 distinguishes a CIC from an IC. A CIC is NOT an IC.
2) "Every Information Commissioner .. and shall not be eligible for
reappointment as such Information Commissioner:"NB: "such". It is clear that an IC cannot be reappointed as an IC
3) Section 13 does not place any bar on an IC being appointed and/or
elevated to CIC. In fact 13.2 makes it abundantly clear that an IC can
become a CIC if he were to:"vacate office" either by achieving the age
of 65 or serving 5 years. The clause as it stands can never be given
effect to, because both the trigger events for vacation absolutely bar
an IC from subsequently becoming a CIC as the law stands..
4) The key words in the second provision are "provided further". The
"further" is obviously further to the first proviso which can never
come into effect. So the second further proviso is equally
meaningless.
5) So having established A) that an IC CAN become a CIC AND B) that an
IC to become CIC must VACATE his office by some means OTHER THAN that
under subsection 13(2), the prudent option for Mr Ansari (assuming
that he does not have some Governorship like J&K lined up) would be to
resign under sub-section 13(4) a few days in advance with immediate
effect - preferably directly to Madame President and not via the PMO
route. "
SO IF YOU HAVE ANY SPECIFIC DOUBTS, THIS GROUP EXISTS TO
DISCUSS THEM. BTW, I WUD BE HAPPY TO BE PROVED WRONG HERE.
Sarbajit
On Oct 9, 3:29 pm, VijayBahadur Singh <vijaybaha...@gmail.com> wrote:
> Sarbajit
>
> An interpretation from an eminent legal brain like you is wanted
> irrespective of whatever term you use in your post, as that is beyond my
> control and may be your style of addressing.
>> On Sat, Oct 9, 2010 at 11:04 AM, sroy1947 <sroy1...@gmail.com> wrote:
> > Dear Vijay
>
> > Do you want me to reply to you in your capacity as
> > an RTI activist (who is presumed to be an ignorant duffer) or
> > as an advocate of the Bombay High Court (who is presumed
> > to know the law) ?
>
> > In any case, your query has already been addressed by me
> > & comprehensively in previous replies of this thread.
>
> > Sarbajit
>
> > On Oct 9, 9:03 am, Vijay <vijaybaha...@gmail.com> wrote:
> > > There is a doubt:
> > > Section 13(2) reads as follows:
> > > "(2) Every Information Commissioner shall hold office for a term of
> > > five years from the date on which he enters upon his office or till he
> > > attains the age of sixty-five years, whichever is earlier, and shall
> > > not be eligible for reappointment as such Information Commissioner:"
>
> > > Is any IC eligible for reappointment if he resigns on his own? Please
> > > clarify.
>
> > > On Oct 5, 8:13 pm, sroy1947 <sroy1...@gmail.com> wrote:
>
> > > > Sir,
>
> > > > "13(2) Every Information Commissioner shall hold office for a term of
> > > > five years from the date on which he enters upon his office or till he
> > > > attains the age of sixty-five years, whichever is earlier, and shall
> > > > not be eligible for reappointment as such Information Commissioner:
>
> > > > Provided that every Information Commissioner shall, on vacating his
> > > > office under this sub-section be eligible for appointment as the Chief
> > > > Information Commissioner in the manner specified in sub-section (3) of
> > > > section 12:
>
> > > > Provided further that where the Information Commissioner is appointed
> > > > as the Chief Information Commissioner, his term of office shall not be
> > > > more than five years in aggregate as the Information Commissioner and
> > > > the Chief Information Commissioner.
> > > > :
> > > > :
> > > > 13(4) The Chief Information Commissioner or an Information
> > > > Commissioner may, at any time, by writing under his hand addressed to
> > > > the President, resign from his office:
>
> > > > Provided that the Chief Information Commissioner or an Information
> > > > Commissioner may be removed in the manner specified under section 14."
>
> > > > Comment:
> > > > So If Prof Ansari were to resign tomorrow with immediate effect (ie.
> > > > like Ms Omita Paul and unlike yourself), then the restriction of 13(2)
> > > > would not be applicable to him (as his vacation is not u/s 13.2) and
> > > > he could be appointed afresh as C'IC till he attains 65 years as his
> > > > eminence for the position is undeniable.
>
> > > > Sarbajit
>
> > > > On Oct 5, 10:17 am, wajahat <whabibul...@nic.in> wrote:
>
> > > > > I'd suggest that you might rely on what the law has to say, notably
> > Sec 13 (2), rather than NDTV.
> > > > > Wajahat
>
> > > > > ----- Original Message -----
> > > > > From: C J Karira <cjkar...@gmail.com>
> > > > > Date: Monday, October 4, 2010 11:16 pm
> > > > > Subject: Re: [RTI INDIA]{gmail} Prof M.M.Ansari to be appointed next
> > CIC for another 3 years
> > > > > To: rti_india@googlegroups.com
>
> > > > > So, that is how the fued between ANT and MAA was settled.
>
> > > > > RTIwanted
>
> > > > > On Mon, Oct 4, 2010 at 10:13 PM, sroy 1947 <sroy1...@gmail.com>
> > wrote:
>
> > > > > Dear Friends
>
> > > > > As NDTV has reported, the GoI has decided Prof M.M.Ansari will be
> > > > > reappointed as Chief Information Commissioner after CIC A.N.Tiwari
> > > > > retires on 18.12.2010.
>
> > > > > Prof Ansari will hold office as C'IC for a period of 3 years till he
> > attains
> > > > > the age of 65 years.- Hide quoted text -
>
> > > > - Show quoted text -
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