Friday, October 8, 2010

[RTI INDIA] Re: {gmail} Prof M.M.Ansari to be appointed next CIC for another 3 years

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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