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MANOJ B. PATEL

TOI published the news today: Gujarat high court on Thursday held appointment of two Information Commissioners- B.G.Panchasara and Shridevi Shukla as illegal.

 

The HC said that the appointment of both the persons were not legally valid. The HC reached to this conclusion after Praful Desai of NGO Jagate Raho questioned the consultation process adopted by the authorities in appointing Panchasara and Shukla on the post of IC.

 

Desai raised the issue by citing the documents of their appointment that these persons were not in public life, or that they have got knowledge in a particular field or an experien

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karira

[h=1]Guj HC invalidates appointment of 2 Information Commissioners[/h]

The Gujarat High Court today held the appointment of two state Information Commissioners as illegal, in response to a PIL alleging that the consultation process was not duly followed by the authorities.

 

 

A division bench of Justice Jayant Patel and S H Vora said that appointment of Information Commissioners B G Panchasara and Shridevi Shukla was illegal.

 

 

NGO 'Jagte Raho', through its president Praful Desai, had also alleged in its PIL that Panchasara and Shukla had no knowledge and experience in the field of right to information.

 

 

"Those two persons were neither in the public life nor they have knowledge in the particular field. Those are the requirements for selection on this position," the plea said.

 

 

"The selection committee did not discuss this aspect. Shridevi Shukla was a bureaucrat while B G Panchasara was a lecturer in a college at Bharuch," it said.

 

 

The petitioner further alleged that the appointment of both of them was example of favouritism.

 

 

Shukla and Panchasara were appointed as Information Commissioners of the state in May last year.

 

Read More: Guj HC invalidates appointment of 2 Information Commissioners | Business Standard News

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jps50

On 12-02-2015 Hon'ble Gujarat High Court held appointments of two Information Commissioners at Gujarat Information Commission as illegal. Shri Praful Desai [who requires dialysis every week or so] of Vadodara/Baroda and retired bank executive had challenged appointments through PIL. He pleaded his own case in High Court. He contended that the two information commissioners do not comply with criteria for appointment as mandated in RTI Act.

 

Appointment of two information commissioners illegal: HC - The Times of India

 

Guj HC invalidates appointment of 2 Information Commissioners | Business Standard News

 

Guj HC invalidates appointment of 2 Information Commissioners | Zee News

 

I shall post judgement when it is posted on website of High Court.

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harinder dhingra

Learned Mr. J P Shah Sir,

 

I salute the efforts of Sh. Praful Desai. People like him make this system work.

 

The same fate is awaiting two hon'ble information commissioner's in Haryana SIC who were sworn at last minute by then Hon'ble C M of Haryana.

 

harinder dhingra

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jps50

I am attaching judgement dated 12-02-2015.

 

The cardinal issue is lack of formulation of opinion about any of the candidates for his eminence in public life or for his knowledge and experience in a particular field.

 

 

Let us hope State Govt does not file appeal in Supreme Court at public cost, just to justify appointment and that two new ICs will be appointed in reasonable time as part of good governance.

INFO COMR APPONTMENT GUJ HC 120215.pdf

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harinder dhingra

Learned J P Shah Sir,

 

I was reading somewhere that affected commissioners are going to SC.

 

Agree with you that government should not waste our (tax payer) money for fighting these Commissioner's battle.

 

hd

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karira

Let us hope State Govt does not file appeal in Supreme Court at public cost, just to justify appointment and that two new ICs will be appointed in reasonable time as part of good governance.

 

Learned J P Shah Sir,

 

 

 

Agree with you that government should not waste our (tax payer) money for fighting these Commissioner's battle.

 

 

Hope that your wishes come true !

 

In AP, when I challenged the appointment of 4 ICs in court, they also approached the SC at their own expense.

 

However, later the State reimbursed the lawyers fees !

 

Ditto happened in TN.

 

I presume that the same will happen here.

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harinder dhingra
Hope that your wishes come true !

 

Keeping fingers crossed.

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