letter to governor - appointment of ics supreme court order

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Page 1: Letter to Governor - Appointment of ICs Supreme Court Order

To:

The Hon’ble Governor of Andhra Pradesh

Raj Bhawan

Raj Bhawan Road HYDERABAD

Respected Excellency The Governor,

SUB: APPOINTMENT OF INFORMATION COMMISSIONERS IN THE AP

INFORMATION COMMISSION

For the past several months, the Government of Andhra Pradesh has been in the

process of appointing Information Commissioners in the AP Information Commission.

Media reports indicate that the selection committee, as per Section 15(3) of the RTI

Act, had recommended certain candidates for appointment and the said file was

returned by your Excellency to the state Government.

Recent media reports suggest that the AP Government has now sought permission of

the Election Commission to go ahead with the appointment of a few commissioners,

since the Election Model Code of Conduct being in force.

In this connection, RTI Activists and other NGOs have been continuously protesting the

absence of any proper procedures in appointing these commissioners as well as the

opaque process followed in making such appointments.

One such case, pertaining to appointment of Information Commissioners in Tamil

Nadu, has now reached the Hon’ble Supreme Court and hearings have started in the

matter.

During a hearing on 20thApril 2012 related to the above matter, the Hon’bleapex court

passed an order, which is attached for your ready reference:

(Petition(s) for Special Leave to Appeal (Civil) No(s).9680/2012

C. MANOHARAN Petitioner(s)

VERSUS

S. VIJAYALAKSHMI & ORS. Respondent(s))

UPON hearing counsel the Court made the

following

O R D E R

Page 2: Letter to Governor - Appointment of ICs Supreme Court Order

Whether selection of appointment of

StateInformation Commissioners can be made

without adopting atransparent and fair method of

selection in which alleligible persons can

participate for appointment to suchpost/office can

be treated as private affair of aparticular political

set up.

Issue notice, returnable in the second week of

July, 2012. Dasti, in addition, is permitted.

Any appointment made hereinafter shall remain

subject to final adjudication of the special leave

petitions.

(Sukhbir Paul Kaur) (PhoolanWati Arora)

Court Master Court Master

I request your Excellency to keep in reference the above order of the Supreme Court,

since any appointments of Commissioners in Andhra Pradesh will also be subject to

the final adjudication of the matter before the court. Appointments made in the

interim, are also liable to be challenged in various courts, based on the outcome in the

above case.

I therefore sincerely urge your Excellency not to make appointments of any

Information Commissioners in the AP Information Commission (APIC), till the final

adjudication of the above quoted case, before the Hon’ble Supreme Court.

Thanking You,

Yours Sincerely,

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