2012 (10) TMI 101 - HC - Indian Laws

Court Directs Swift Action to Fill CIC Vacancies and Address RTI Backlog

The Court directed the respondents to expedite the process of filling vacancies in the office of Chief Information Commissioner and subordinate staff. A ... RTI - Writ petition - vacancies in the posts, in the office of Chief Information Commissioner, as well as the subordinate staff – petition points out that under the Right to Information Act, information is required to be furnished within 30 days of filing of the application - prayer made in this writ petition is that suitable directions be given to respondents to fill up the vacancies of Information Commissioners as well as the supporting staff – Held that:- Status Report reveals that it has been decided in consultation with CIC that CIC should be granted autonomy in recruitment of staff. Keeping in view, Recruitment Rules are being framed for selection and appointment of suitable staff in consultation with the UPSC - CIC is to be given autonomy and it is left to CIC to recruit the staff, the framing of Rules should not take time as most of the posts are similar to which are in any government establishment and those Recruitment Rules of the Government can always be adopted specifying the eligibility conditions as well as mode of recruitment etc. - direct that this exercise of framing of Recruitment Rules be completed within a period of one month to enable the CIC to start the process of recruitment. Issues: Vacancies in the office of Chief Information Commissioner and subordinate staff.Analysis:1. The petitioner raised concerns about the significant number of pending cases before the Central Information Commission due to vacancies in the posts of Information Commissioners and supporting staff. The delay in disposal of cases was highlighted as a hindrance to the purpose of the Right to Information Act. The petition sought directions to fill up these vacancies to ensure timely processing of information requests.2. The respondents were directed to provide details of steps taken to fill the vacancies. A Search Committee, headed by the Cabinet Secretary, was formed to suggest a panel of candidates for the Selection Committee. Applications were invited, and 214 applications were received from various backgrounds. The Search Committee was expected to recommend the panel to the Selection Committee for final decisions regarding the appointment of Information Commissioners.3. Emphasizing the urgency of filling the vacancies, the Court urged the Search Committee to expedite the process. The Committee was instructed to suggest the panel within a month to facilitate prompt decision-making by the Selection Committee. Timely appointments were deemed crucial due to the high volume of pending appeals before the CIC.4. Regarding the appointment of subordinate staff, it was decided that the CIC should have autonomy in recruitment. Recruitment Rules were to be framed in consultation with the UPSC for the selection and appointment of suitable staff. The Court directed the completion of framing Recruitment Rules within a month to enable the recruitment process to commence under the autonomy granted to the CIC.5. The Court disposed of the writ petition with directions for expeditious actions to fill vacancies in the office of Chief Information Commissioner and subordinate staff. The decision aimed to address the backlog of cases and ensure effective implementation of the Right to Information Act. The order was to be provided to the respondent's counsel for compliance.This detailed analysis of the judgment highlights the Court's directives and the steps to be taken to address the issue of vacancies in the office of Chief Information Commissioner and subordinate staff, emphasizing the importance of timely appointments for efficient functioning of the Central Information Commission.