Monday, October 5, 2020

 RTI FLASH-9


Under the RTI Act, the Governor can not suspend the State Information Commissioner (SIC) , unless there is 'proved misbehaviour' or 'incapacity'(though he appoints the SIC earlier.)

See:

The High Court of Allahabad , Lucknow Branch
WP No 6700(MB)/2008
Mohd. Ashgar Khan Vs State of U.P and others
Decided on 15-11-2008

The Petitioner Mohd. Ashgar Khan was the SIC in UP and by an order the Governor suspended him and also restrained him from coming to the office.

The Court held that an order like this can not be passed by the Governor with out complying with the two stages envisaged under Subsection (1) and (2) of  Section 17 of the RTI Act. The two stages are (i) an 'inquiry' pending and (ii) prior to the inquiry, the Governor should have made a reference to the Supreme Court and the court should have taken cognizance of such reference. Making a mere reference to the Supreme Court is not enough. Other parts of the section (court taking cognizance and the court entering into holding the inquiry.

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