Friday, December 19, 2014

[rti4empowerment] Re: Harassment of RTI activist & Human Right Defender by Uttar Pradesh State Information Commissioner : Complaint to initiate inquiry and take punitive action against the perpetrator

 

Mr. Sanjay Sharma and Uevashi Sharma,

Congratulation for your first ever HRD Complaint. It's well dratted and effective complaint for a positive response from the HRD Mandates. 

I would Suggest to file a Petition under Section 17 read with section 17(3)(d) & 17(2) 
of the RTI Act 2005 to Governor for the suspension and removal of the delinquent Information Commissioner for being of "unfit to continue in office by reason of infirmity of mind or body"

SECTION 17(3)(d)
(2) The Governor may suspend from office, and if deem necessary prohibit also from attending the office during inquiry, the State Chief Information Commissioner or a State Information Commissioner in respect of whom a reference has been made to the Supreme Court under sub-section (1) until the Governor has passed orders on receipt of the report of the Supreme Court on such reference. 

SECTION 17(2)
(3) Notwithstanding anything contained in sub-section (/), the Governor may by order remove from office the State Chief Information Commissioner or a State Information Commissioner if a State Chief Information Commissioner or a State Information Commissioner, as the case may be,— 

(d) is, in the opinion of the Governor, unfit to continue in office by reason of infirmity of mind or body;

All the Best,

Surendera M. Bhanot 
President - RTIFED


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Posted by: "RTIFED - Surendera M. Bhanot" <rtifed@gmail.com>
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