THROUGH E-MAIL
The Supreme Court in its judgement in CWP-210 of 2012 pronounced on 13 September 2012 has made scratching remarks the way the Information commissions in all states are formed and vacancies of the Information Commissioner, including the Chief Information Commissioner, are filled in utter disregard of law and in abuse of the process. Not a single Commissioner, including the Chief Information Commissioner, fulfills the criteria of qualification to the post under Section 15(5) of the Right to Information Act 2005. Moreover the State Commissions completely mis-managed their affairs in utter disregard of the law under Section 15(4) and, at times, jumped the limits to do certain acts, which are beyond their jurisdictions (e.g., Constitution of "Institution of Collegium" by the Punjab Information Commission in particular, and The "Management Regulations" in general by almost all the commissions) in an autocratic manner, in derogation to the settled law as well as rights of the Information Seekers.
In the wake of the Supreme Court in its judgement in CWP-210 of 2012 pronounced on 13 September 2012, Goa State information commissioner (SIC) Mr. Pradeep Padwal resigned from the post on Thursday shortly after a Supreme Court ruling that information commissioners should have judicial backgrounds, on moral grounds. For a knowleledged information please visit : SIC Padwal quits post SC blow - The Times of India
It is a matter of common belief that all State Information Commissioners, including the Chief Information Commissioner, does fall in the same category as Mr. Pradeep Padwal was, and they must rise above their personal bias and follow the suit. This is much more cast upon the Chief Information Commissioner, which according to Supreme Court judgement, should be a sitting or a retired Justice of High Court or Supreme Court. This judgement rules out all possibilities for the present incumbent working as "Chief Information Commissioner" to remain in the post in any manner. The judgement has left no option for the Chief State Information Commissioners than to immediately relinquish the post and to pave a way for the appointment of a sitting or a retired Justice of High Court or Supreme Court, in his place. This will be a graceful and befitting salutation to the good office to which they do not deserve to be in.
The Information Seeking community will appreciate if such steps are taken by all ineligible State Information Commissioners voluntarily, without creating any legal glitch(es) for the Government and the Judiciary; and pave way for smooth transition of authority, in the larger interest of the law and the institution for which they have thus far severed.
I hope that a better wisdom will prevail and the way shall be cleared for the smooth implementation of the verdict of the Supreme Court. A copy of the above referred Judgement of the Supreme Court is attached with this mail, for you ready reference and further appropriate action please.
It is also requested that a copy of this mail may please be forwarded to each of the Information Commissioner functioning in the State Information Commission, under acknowledgement.
A word in acknowledgement of the receipt of this mail shall be highly appreciated.
Thanking you,
Very Cordially yours,
Surendera M. Bhanot
Co-ordinator, RTI Activists Federation (RTIFED)
No. 3758, Sector 22-D, Chandigarh-160022
Attachment(s) from Surendera M. Bhanot
1 of 1 File(s)
No comments:
Post a Comment