-: [rti4empowerment] 4Media: PM approved 01 Chief IC + 04 ICs Posts in CIC [3 Attachments]

Thursday, August 29, 2013

[rti4empowerment] 4Media: PM approved 01 Chief IC + 04 ICs Posts in CIC [3 Attachments]

[Attachment(s) from Lokesh Batra included below]

PM approved 01 Chief IC + 04 ICs Posts in CIC

1. [Just now I received the response by email from DoPT on my RTI request of 15 July 2013 delivered by hand.. (The document received thru trailing email has been renamed).When I did not receive the RTI response in 30 days, I had filed appeal on 35th day of my RTI on 19 August 2013 allowing 05 days postal delay. It is no surprise to me that CPIO's response letter received thru email is dated 12 August 2013. It has been happening in the past too. Wonder if DoPT has a habit of signing antedate and posting by ordinary post and delay is passed on to Department of Posts.]

2. CPIO response on my queries below read:

- 422 applications have been received for the post of Information Commissioners in CIC.. List of names attached.

- PMO has conveyed the approval of Hon'ble Prime Minster for appointmant of one post of CIC and four posts of ICs in the current round of selection.

- DoPT after receipt of applications, tabulated them and sent to 'Selection Committee' headed by Cabinet Secretary.

- No procedure has been laid down by DoPT.

3. It is strange that DoPT is not aware of procedure/policy/criterion (if any) for (i) for processing the names of candidates/applicants and (ii) for shortlisting/ screening the names for placing before the selection committee inspite of Apex court directions in its order of 13.09.2012 in case of Namit Shatrma Vs. UOI .

RECAP

4. It may be recalled that Hon'ble Supreme Court in its Order of 13.09.2012, in case of W.P(C) 210/2012; Namit Sharma Vs. Union of India; had well elaborated on 'Transparency in Appointment of Information Commissioners'. Copy of order attached.

5. SC on Stay : On 16 April 2013, apex Court in its order on I.A.No.6 in R.P.(C) No.2309 of 2012 declined to stay the operation of the entire Judgement. Hon'ble SC directed that directions in sub-paras 108.8 and 108.9 (of 13 September 2012 Order) shall remain stayed during the pendency of the Review Petition No. 2309 of 2012. Copy of SC Order attached.

6. The Apex Court has only stayed its directions regarding:

(a) Working of Information Commissions in Benches of two members each. One of them being a 'judicial member', while the other an 'expert member' xxx.

(b) The appointment of the judicial members to any of these posts shall be made 'in consultation' with the Chief Justice of India and Chief Justices of the High Courts of the respective States, as the case may be.

SC on Transparency

7. In context of transparency in appointment of Information Commissioners; Para 104 and sub-paras 106(10) (11) & (12)) of the said Order are relevant. The emphasis is on laying down transparent procedures and rational criterion for appointment of information Commissioners.

8. It goes without saying that once the transparent procedure and criterion for selection of ICs are fixed, these should be placed in Public Domain prior to selection procedure begins.

9. My RTI queries:

Quote

(a) Total number of applications/nominations received in DoPT for ICs posts in CIC and the number of Vacancies to be filled.

(b) Provide me list with names of applicants who have applied for ICs posts in CIC. Personal information/ data of applicants not required.

(c) Please provide me list of file/files with reference number(s) on which the names received in response to the said DoPT's reference of dated 31 May 2013 mentioned above, are being processed.

(d) Please intimate the laid down procedure/policy/criterion (if any) for (i) for processing the names of candidates/applicants and (ii) for shortlisting/ screening the names for placing before the selection committee.

(e) I would also like to inspect all the file/files concerned with the said issue. At that stage, I will take photocopies (duly certified) of the documents and notings in the file(s) as required by me. Please intimate the date and time for the inspection.

Unquote

Best

Commodore Lokesh Batra (Retd.)

BringChangeNow

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