Court to hear plea on appointment of information commissioner

New Delhi, Nov 8


The Delhi High Court is likely to hear Monday a plea seeking transparency
in the appointment of a new chief information commissioner of the Central
Information Commission (CIC) and urging that bureaucrats should not be
first choice for the post as "an essential safeguard".

The petition was filed by Krishna Rao and six others demanding that
the government advertise the post of CIC chief widely and give equal
opportunity for submitting candidatures to those who are eligible.

The petition filed last week through advocate A. Rasheed Quereshi
submitted that “the function of Information Commissioner is to act as
transparency of public administration, so appointment of those who
have held key positions and high offices in the public administration
violates the principles of natural justice and creates a constant
threat of conflict of interest.”

“It is undesirable that bureaucrats are first choice for appointment
to the CIC, in fact non-bureaucrats should be the first choice for CIC
commissioner. This is necessary for providing an essential safeguard,”
the petition states.

Stressing that advertising for the CIC commissioner's post is necessary,

the petition says: “The process of issuing advertisements are part
of international best practices. Since CIC's position is quasi judicial
in nature, so it cannot be filled up through the closed process of
in-house selection from within the public authorities over which
it is expected to exercise jurisdiction.”

The present selection process is done by a committee comprising
the prime minister, Leader of Opposition and a union minister
nominated by the prime minister.

The activists have pleaded before the court that the government
select such candidates for quasi-judicial posts whose occupational
backgrounds make them "predisposed to conflicts of interest".

The petition also states that since the government does not advertise
or make efforts to get independent, talented and qualified persons
from other walks of life, they deprive the citizen the right to be
served by well-qualified second appellate authorities in matters
of Right to Information (RTI).

The CIC chief commissioner Wajahat Habibullah has resigned to
take up his new appointment as Jammu and Kashmir Information
Commissioner. His resignation is yet to be accepted.