Petitioners pulled up for urging bureaucrat not be made CIC

Petitioners pulled up for urging bureaucrat not be made CICNew Delhi, Nov 9 : The Delhi High Court Monday pulled up a group of social activists who had filed a plea seeking transparency in the appointment of the chief information commissioner (CIC) and urging a bureaucrat should not the first choice for appointment for the post.

A division bench comprising Chief Justice Ajit Prakash Shah and Justice S. Muralidhar said: "It is a wrong assumption that a civil servant if appointed won't work. What if a non-civilian was appointed and he doesn't work, can you take the guarantee?"

"You are asking the court to amend the rules but ignoring the fact that the appointment is overseen by the high-powered committee headed by the prime minister," the bench said, while adjourning the matter to Nov 18.

The petitioners have urged that bureaucrats should not be the first choice for the post of chief information commissioner (CIC).

"A political class is involved in appointing the commissioner which is not correct. At least we should appoint someone like a social activist for such important position," argued advocate A. Rasheed Quereshi.

The petition was filed by Krishna Rao and six others demanding that the government advertise the post widely and give an equal opportunity for those who are eligible to apply.

"It is undesirable that bureaucrats are first choice for appointment as the chief information commissioner, in fact, non-bureaucrats should be the first choice. This is necessary for providing an essential safeguard," the petition said.

Stressing that advertising for the post is necessary, the petition says: "The process of issuing advertisements are part of international best practices. Since the 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 minister nominated by the prime minister.

CIC Wajahat Habibullah has resigned to take up his new appointment as Jammu and Kashmir Information Commissioner. However, his resignation is yet to be accepted.(IANS)