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Under Right to Information Act the Punjab and Haryana HC has issued a notice to the Haryana Government regarding a response for the petition being filed against the Government with an immediate stay in selection process of Information Commissioner.
Padeep kumar Rapria has filed the petition contending that there was opaqueness, arbitrariness and vagueness in criteria for selecting the State Information Commissioners which is culminating into violation of the Article 14 and that of Article 16 of the Constitution.
The Government has sent a reply to the court stating that they has constituted a search committee so that candidates can be recommended for consideration of Selection Committee which consisted Chief Minister, Leader of Opposition and another cabinet minister.
The petitioner again filed an application after this apply for interim stay of selection process, stating that the reply is substantiating his allegations over government of being opaque, vague and arbitrary in appointment. He stated that arbitrariness is reflected in reply stating so much so that even the job of the Selection Committee being performed by the Search Committee itself leaving no certainty in principles regarding procedure and criteria which is adopted.
The Government response was that “the search committee shall devise its own principles regarding the procedure and the criteria making some suitable recommendations”. It further stated that “no requirement of adoption of fixed set of principles needed’ and the Committee with its own wisdom will fix if there is any need for change in the principles.
The petitioner has filed a stay application based on this stating that without any objective the search committee was acting. “The trustees of citizens make appointments on public posts and the Information commissioners getting the pay and perks from State Exchequer is amounting to conferment of State Largesse which can’t be given to any person according to political officers of state”.
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