Information commissioner to fill in for CIC: HC

Times of India: New Delhi: Tuesday, 05 May 2015.

In an order that may resolve the problem of rising pendency in the Central Information Commission the Delhi high court has asked the most senior information commissioner to hear a case in the absence of chief information commissioner.

The court said in the absence of the chief information commissioner, backlog will jeopardize the interest of RTI applicants, and the most senior commissioner can discharge the CIC's duties. Justice Rajiv Shakdher granted relief to RTI applicant Sushila Kumari, who moved HC saying she has been waiting to be heard at CIC since August 22, 2014 as the chief information commissioner's post is vacant.

"I am of the view that the present arrangement (absence of the chief) would lead to a backlog in the disposal of the matters filed before the CIC. This arrangement will, broadly, jeopardize the interest of those querists who seek information pertaining to defence matters," the court observed.

Headless CIC could land up in legal tangle:

It disposed of the writ with a direction that the petitioner's pending appeal would be taken up for adjudication by the senior most Information Commissioner(IC). The IC will attempt to dispose of the appeal as, expeditiously as possible, though, not later than ten weeks," the court directed.

The HC clarified that in case during this period a chief information commissioner is appointed, "appropriate orders will be taken in this behalf".

The post of CIC is lying vacant since the retirement of Rajiv Mathur in August last year. In her plea Sushila sought a direction to the CIC to hear her case and direct the ministry of defence to release the information. Her petition said that all the matters, including RTI applications relating to PMO, defence ministry and HRD ministry have been pending before the CIC with the number of pending appeals and complaints mounting to 14,000.

Govt clueless about meeting to pick CIC:

The CIC opposed Kumari's plea, saying "Under Section 12(4) of the Right to Information Act, 2005, only the Chief Information Commissioner can categorize the matters and direct the placement of matters before a particular bench."

By way of a separate PIL, the HC is monitoring Centre's process to appoint a chief information commissioner and other ICs at CIC. The court has given the government time till May 11 to inform it of steps taken to fill the vacancies which has led to massive backlog of cases.