Thursday, December 30, 2010


Dear Guptaji

From where did you form the opinion (or receive information) that the committee of 12(3) is a SELECTION committee.

Your entire request is founded on the false premise that it is a selection committee.


On Thu, Dec 30, 2010 at 4:14 PM, M.K. Gupta <> wrote:

For context, copy of RTI application (I have deleted my Residential address and phone number). 


The Central Public Information Officer,

C/o. Secretary,

Deptt. of Personal and Training,

New Delhi.


Sub: Information under RTI Act, 2005 – Selection of Chief Information Commissioner.


Respected Sir,


Kindly provide the following information on the selection of Chief Information Commissioner under RTI Act, 2005:

1.                 Names of the members who attended the meeting of the Selection Committee.

2.                 Date, time and venue of the meeting.

3.                 Names of the short-listed candidates considered for the post.

4.                 Whether the short listing and selection criteria would be made public by putting the same on the Deptt. website or by any other means.

5.                 Kindly provide a copy of the proceedings/minutes of the Selection Committee   Meeting.

B.       If some part of the solicited information does not belong to your Department, I request you to transfer that part to the concerned Public Authority u.s. 6(3) of the Act.

C.       I am enclosing a postal order for Rs. 10/- numbering 88E 389218 dated 30.9.2010 issued from the Dwarka Post Office.

Yours faithfully,



(Mahendra Kumar Gupta)



From: Sarbajit Roy <>
Sent: Thu, 30 December, 2010 8:39:33 AM

Subject: Re: [rti4empowerment] APPOINTMENT OF CCIC


1) The specific point you are making is?
2) In what context ?


PS: So far none of what you have said can be applied to Mr Gupta's case.

On Thu, Dec 30, 2010 at 3:59 AM, DSouza Wilberious Evanglist <> wrote:
Dear M.K.Gupta & others,
Please read section 4(c&d) of RTI Act 2005.


 publish all relevant facts while formulating important policies or announcing the decisions which affect public;


provide reasons for its administrative or quasi-judicial decisions to affected persons.

& remember,



Constitution is a living document, an instrument which makes the government system work

WE, THE PEOPLE OF INDIA, having solemnly

resolved to constitute India into a 1[SOVEREIGN


to secure to all its citizens:

JUSTICE, social, economic and political;

LIBERTY of thought, expression, belief, faith and


EQUALITY of status and of opportunity;

and to promote among them all

FRATERNITY assuring the dignity of the individual

and the 2[unity and integrity of the Nation];


day of November, 1949, do HEREBY ADOPT,




RTI Act 2005, Section 8(i), ultimate line reads as follows:


Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person.


1.    From this you would agree that the People of India have installed the Constitution of India & the Government therewithin to themselves & to govern them. Hence, in Democracy, the Government is defined as A GOVERNMENT BY A PEOPLE; OF THE PEOPLE & FOR THE PEOPLE.


2.    Hence, the Government & all its functionaries are accountable & answerable to the People of India. Hence, the People of India have a right to question the Government that they have installed within the framework of the Constitution on its acts & omissions. This is otherwise known as the Right to Information.


3.    This Right to Information of the People of India is inalienable, axiomatic, fundamental as well as human right . This has been reaffirmed by the Supreme Court of India as a fundamental right forming a facet of Art. 19 (1)(a) of the Constitution of India. Read 6 above.


4.    To access, seek, receive & impart information is a Human Right (HR), as per Article 19 of The International Covenant on Civil and Political Rights (ICCPR) that was adopted by the General Assembly of The United Nations on the 16th December 1966, as cardinal principles of Human Right, embodied in The Protection of Human Rights Act 1993 section 2(d) & (f) forming a facet of Art. 21 Part III, Fundamental Right (FR) i.e. Right to life & Liberty, of the Constitution of India.

5.    Freedom of Information lies at the root of the rights discourse. Failure of the State to provide access to information or State suppression of information can lead to the most egregious forms of human rights violations. The Right to Information (RTI) is fundamental to the realisation of rights as well as effective democracy, which requires informed participation by all.





From: M.K. Gupta <>
Sent: Wed, 29 December, 2010 13:23:21
Subject: [rti4empowerment] APPOINTMENT OF CCIC

By filing an RTI, I asked from the DoPT names of short-listed candidates considered for the post of Chief Information Commissioner and whether the short listing and selection criteria would be made public.


On filing the first appeal, Shri Anuradha S. Chagti, Dy. Secy. & First Appellate Authority has informed that no documents are available on these points and an appeal against this order of FAA can be made to the CIC.


It seems that only one name was considered at the time of appointing Shri A N Tiwari as CCIC or the DoPT has taken a decision to appoint the Senior Most IC as CIC and / or only one name was considered.


What next?  Views of activists are request whether second appeal is desirable on the two aforesaid issues.

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