[Attachment(s) from Lokesh Batra included below]
Dear All,
You may recall that the Apex Court in its Verdict in Namit Sharma case had elaborated on 'Transparency in appointment of Information Commissioners'. The same part of the verdict has not been stayed.
I have sent a letter to Secretary, DoPT bringing to his notice that SC has only stayed part of its Verdict in Namit Sharma's case. In my letter I have said :
"2. We are aware that the process of Appointment of Information Commissioners (ICs) in Central Information Commission is going on.3. As far as 'Transparency' aspect in appointment of ICs is concerned, I am afraid that government has failed to comply with the directions of Hon'ble Supreme Court Order of 13.09.2012, in case of W.P(C) 210/2012; Namit Sharma Vs Union of India.
At Paras 3 to 8 of my letter to Secy, DoPT, I have quoted from SC Verdict of 13.09.2012 and from SC's Order of 16 April 2013 in which Court has given stay only on its two directions.
At Para 9 of my letter I have asked DoPT to Suo-Motu place the following information (at least) in Public Domain.
"(a) Names of applicants who have applied for Information Commissioners' posts in Central Information Commission.(b) Intimate the sequence of procedure and criterion being followed in processing the names of candidates/applicants for shortlisting names of three (03) candidates per panel before placing before the High-powered Selection Committee for final selection.(c) Details of Members of the Search/Screening Committee constituted.(d) Measures taken to ensure candidates recommended by any person other than the search/screening committee are not considered as it happened in the past."
Deccan Herald has done a story.
It seems that in the story two words i.e. "public domain' (highlighted) are in wrong place.. may be error cropped-in during page setting before printing !!.
A pdf file of Page No.4 of Deccan Herald dated 22 July 2013, carrying story is also attached.
Please go ahead and read story below OR as in the Print Editon in the pdf file attached.
Regards,
Commodore Lokesh Batra (Retd.)
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'Hire information officials in transparent manner'
New Delhi, July 21, 2013, DHNS :
The govt has failed to comply with SC order: Activist
RTI activist Lokesh K Batra (retd) shot off a letter to department of personnel and training, ministry of personnel, public grievances and pension, urging it to make the appointment process of information commissioners transparent and in with the Supreme Court order.
On July 18, the department issued guidelines on spreading awareness and capacity building components of the centrally sponsored scheme on improving transparency and accountability in government through effective implementation of Right to Information (RTI) Act for the year 2013-14 to 2015-16.
While welcoming the new guidelines, RTI activist Batra said in his letter, "We are aware that the process of appointment of ICs in Central Information Commission (CIC) is going on. As far as 'transparency' aspect in appointment of ICs is concerned, I am afraid that government has failed to comply with the directions of Supreme Court order in Namit Sharma Vs Union of India case (2012)."
On 16 April 2013, the apex court in its order had declined to stay the operation of the entire judgement for a review petition and given directions on maintaining transparency in the appointment of information commissioners (ICs).
"In the case of appointment of members to the respective commissions from other specified fields, the DoPT in the Centre and the concerned ministry in the states should prepare a panel, after due publicity, empanelling the names proposed at least three times the number of vacancies existing in the commission," the court said in its order.
"Such panel should be prepared on a rational basis, and should inevitably form part of the records. The names so empanelled, with the relevant record should be placed before the said high powered committee," said the court.
It stated that appointment process should be carried on the basis of a rational criteria and the reason for selecting candidates should be recorded. The advertisement issued for appointments should not be restricted to any particular class of persons, the court had said.
"Complete information, material and comparative data of the empanelled persons should be made available to the high powered committee. Needless to mention that the high powered committee itself has to adopt a fair and transparent process for consideration of the empanelled persons for its final recommendation," the order said.
Apart from urging the department concerned to start the process of transparent appointments, Batra suggested the government to suo-motu place information such as name of the applicants who have applied for the post of IC, sequence of procedure and criterion being followed for shortlisting candidates etc.
He said details of members of the search or screening committee constituted should also be made public and measures should be taken to ensure that candidates recommended by any person other than the search or screening committee are not considered in public domain.
"There have been instances in the past where selected candidates have been recommended by persons other than search or screening committee," he said.
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Attachment(s) from Lokesh Batra
1 of 1 File(s)
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