Friday, December 31, 2010

Re: Re: [HumJanenge] Re: APPOINTMENT OF CCIC

so the Committee will have a record of its proceedings or not?

On Sat, 01 Jan 2011 04:11:52 +0530 wrote
>12(3) says, "Chief Information Commissioner and Information
Commissionersshall be appointed by the President on the recommendation
of a Committee consisting of -"
In such circumstances, what other name to the Committee can be given?
However, DoPT has not objected on this score and has provided the
information, though partially.

This issue is not about the Committee or Selection Comm.... but about
the procedure of selection and the adoption of the criterion for the


From: sroy 1947
>Sent: Fri, 31 December, 2010 11:11:47 AM
>Subject: [HumJanenge] Re: APPOINTMENT OF CCIC
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

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

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
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

>Dear WEDS
>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
On Thu, Dec 30, 2010 at 3:59 AM, DSouza Wilberious Evanglist

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, ex-pression, 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

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

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

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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