DNA: Mumbai: Thursday, July 14,
2016.
In a July 8
order, the Bombay High Court has asked the state government to come clear on
its stand on who has the power to transfer information commissioners. A new
order in this regard was given after the court found out that the earlier
affidavit reiterated the stand taken by the secretary of information
commission, whose chief has been accused in the petition of encroaching on
someone else's powers to do the transfers.
The order was
given by a joint bench of justices MS Karnik and Shantanu S Kemkar. The order
goes on to ask the government to produce all related documents pertaining to
appointment of various state information commissioners, and advertisements as
well.
The order
stated, "The learned government pleader is directed to file a fresh
affidavit as we find that the earlier affidavit dated March 5, 2015, reiterates
the stand taken by the secretary, state information commission, Mantralaya.
Let the stand
of the state government be made clear as to who is empowered to transfer the
state information commissioners. On the next date of hearing, learned AGP is
directed to make available the records pertaining to appointment of various
state information commissioners and advertisements also."
The order,
which directed the state to respond on July 22, comes in the wake of a public
interest litigation (PIL) filed by Pune-based Right To Information (RTI)
activist Vijay Kumbhar. Despite earlier directives from the court, the state
has not filed an affidavit making its stand clear.
Kumbhar filed
the PIL after state chief information commissioner Ratnakar Gaikwad transferred
the Amravati bench information commissioner to Pune bench. In the litigation,
Kumbhar has stated that Gaikwad encroached on the power of the governor, who
has the right to appoint and transfer commissioners.
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