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Delhi High Court adjourns PIL for appointment of CIC and 3 Information Commissioners for ASG to seek instructions

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Delhi High Court adjourns PIL for appointment of CIC and 3 Information Commissioners for ASG to seek instructions



1. The PIL,(W.P.© No.3386/2015) filed by Shri R.K. Jain, Shri Lokesh Batra and Shri Subhash Agrawal came up for hearing on 8-4-2015 before the bench of Hon’ble Chief Justice and Hon'ble Mr Justice Rajiv Sahai Endlaw of Delhi High Court.


2. Shri Prashant Bhushan, Advocate appeared for the petitioners and Shri Sanjay Jain, ASG, appeared for the respondents.


3. Initially, the Court wanted to know from the ASG as to what steps has been taken for the appointment of the Chief Information Commissioner and 3 Information Commissioners since August, 2014 as in April, 2015, it is a long time. Court indicated that appointments be made within 4 weeks. However on the submissions of ASG, the matter was adjourned for tomorrow i.e. 9-4-2015, so that he may seek instructions and make further submissions in the matter.


4. Copy of the Writ Petition is attached.

R.K. Jain v. UOI - PIL - CIC Appointment.pdf

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PIL Writ petition [Civil] No. 3386 of 2015 has been filed in Delhi High Court on 06-04-2015 and is now fixed on 09-04-2015 for filing reply by Govt. Writ has been filed by famous RTI Activists Shri R. K. Jain of Delhi, Commodore [retd] Lokesh Batra and Shri Subhash Chandra Agarwal through advocate Prashant Bhusan for early appointment of Chief Information Commissioner and three Information Commissioners in CIC.


Please also peruse


Why are CIC posts vacant, Delhi High Court tells government to explain - The Economic Times

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Delhi HC to monitor information commissioners' appointment


New Delhi: The Delhi High Court, asking the central government on Thursday to expeditiously appoint the chief information commissioner and three information commissioners, posts lying vacant for nearly a year, said it will "monitor the issue".



A division bench of Chief Justice G Rohini and Justice Deepa Sharma said it will monitor the issue and asked the central government to file a report on the progress made before May 11, the next date of hearing.


The court said it will not dispose of the case Thursday as once it is disposed of, "they (government) may or may not do it (appointment)".


"Past experience shows unless courts don't interfere, the government doesn't fill up vacancies," the bench observed.


During the hearing, Additional Solicitor General (ASG) Sanjay Jain told the court that the government is in the process of filling up vacancies and steps have already been taken in this regard. He sought twelve-week time to complete the process of the appointments.


"The candidates have been shortlisted and IB and CBI reports are necessary for the shortlisted candidates. We are expeditiously filling up vacancies and for it we need twelve weeks," the ASG told the court.


The bench said: "The ASG assured the court it is expeditiously filling up the vacancies of chief information commissioner and information commissioners. It's necessary for this court to monitor the case. Let the government file a report by next date of hearing on the progress it made."


The court was hearing a PIL filed by Right to Information (RTI) activists RK Jain, Commodore (Retd) Lokesh Batra, and Subhash Chandra Agarwal.


The plea said under the RTI Act, 2005, the central information commission (CIC) was created as a statutory body to decide appeals and complaints against public authorities for non-compliance of the act.


The proper functioning of the CIC is essential for the proper implementation of the RTI Act, the plea said, adding that the government has attempted to stifle the functioning of the RTI Act by failing to do its statutory duty -- to appoint chief information commissioner and information commissioners at the CIC.


The post of chief information commissioner is vacant since August 23, 2014, and the posts of three information commissioners have also been vacant for almost one year, it said.


"Thus, the CIC has been kept headless and there are four vacancies in the CIC. There are only seven information commissioners functioning, as of now," said advocates Prashant Bhushan and Pranav Sachdeva appearing for RTI activists.


The plea sought directions to the central government to urgently shortlist candidates for the posts of the chief information commissioner and three information commissioners in transparent manner for the final selection and appointment to be concluded in a time-bound manner.


"Because of the non-appointment of the chief information commissioner and the three information commissioners, the pendency at CIC has shot up to a whopping 37,650 appeals/complaints," the PIL said.


"About 13,615 appeals and complaints are pending for disposal before the bench of CIC, which includes cases of important authorities," the petition said.


Read More: Delhi HC to monitor information commissioners' appointment | Zee News

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Prasad GLN

They may take atleast one existing IC as CIC, as their reports are clear and they have sufficient experience and they might have been short listed.

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R.K. Jain v. UOI - PIL - CIC Appointment.pdf


Karira Sir this is also not opening

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harinder dhingra

Learned M Deka Sir,


It is opening. Please try again.



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