HC notices on PIL challenging appointment of IC
Source: Hueiyen News Service

Imphal, March 02 2012: A division bench of Gauhati High Court, Imphal Bench today issued a notice of motion returnable within four weeks in a Public Interest Litigation (PIL) filed for issuance of a write in the nature of Quo Warranto or any other appropriate writ or order or declaration declaring that the recommendation of the Committee constituted under Section 15(3) of the Right to Information Act, 2005 recommending the name of Ch Birendra Singh as Information Commissioner as non-est in law and to quash his appointment as Information Commission(IC), Manipur Information Commission.

The present PIL has been filed jointly by two RTI activists namely Ayekpam Keshorjit Singh of Haobam Marak Irom Leikai under Imphal West and Mutum Maipakpi of Kongpal Mutum Leikai under Imphal East.

In the said PIL, the two RTI activists contended that Ch Birendra Singh was working as Commissioner (Revenue), Government of Manipur and after retirement from service he was appointd as Information Commissioner, Manipur Information Commission.

While he was in service, he had appointed 28 LDCs in the Revenue Department, Government of Manipur illegally and as such the State Vigilance Commission has investigated into the matter and recommended for removal/termination of the said 28 LDCs in 2008.Thereafter, the High Powered Committee constituted under the Manipur Public Servants Personal Liability Act, 2006 has seized the matter so as to fix responsibility for causing loss of Rs 2,97,87,864 from the state exchequer.

Further, the two petitioners contended that the Manipur Information Commission is an integrity institution.

This is clear from the scope and ambit of the Right to Information Act, 2005.In is an institution which is statutorily created under the Right to Information Act, 2005.At present, Ch Birendra Singh is the only surviving Information Commissioner of the Manipur Information Commission as much as the term of the Chief Information Commission had already expired on September 12, 2011.Thus, Ch Birendra Singh is the only person responsible for the Manipur Information Commission.

As a consequence, Ch BIrendra, who was involved in appointment of 28 LDCs illegally by using corrupt means, would jeopardize the very basic foundation of Manipur Information Commission, an integrity institute.

At the same time, it would hamper the functioning of the Commission and ultimately affects the information seekers, who approached the Commission for ventilating their grievances.

Since most of the information seekers could not approach the High Court for questioning the legality of the recommendation and subsequent appointment of Ch Birendra Singh, the petitioners have preferred the present writ petition in the form of PIL, thereby questioning the legality of the recommendation and appointment of Ch Birendra.

Advocate Laimayum Sevananda Sharma is appearing on behalf of the petitioners and the present PIL has been filed under the initiative of Human Rights Law Network (Manipur) .

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