Information regarding appointment of Judges in Family Court - CIC: collect the specific information from the HC whether the qualification prescribed by the GoI u/s 4 (3) (c) is being implemented, how much judges are appointed u/s 4 (3) (a), (b) & (c)
2. Appellant through his RTI application sought information with respect to the appointment of Judges in Family Court, is it according to the Rules of 1988 dated 2.6.1988, till date how many stated complied with it, name of states which made appointment as per the norm of clause (3)(b) and 4 (b) etc. Having received no reply from the PIO within prescribed time, the appellant made First Appeal. First Appellate Authority directed the PIO to provide information. Claiming non compliance of FAA order, appellant approach the Commission through this present second appeal.
Proceedings Before the Commission:
3. The appellant claimed that the Government of India had issued regulation and rules for appointment of judges in Family Court but for the last 37 years these regulations and rules are not being implemented and Family Court judges are appointed at the franchise of appropriate authority. One of the rules suggests, a Post Graduate in Law with specialization in Personal Law is eligible to become a judge of Court. The appellant also stated that rules do not prescribe that state govt. is free to appoint Family Court judge. The appellant wanted that Indian Government should instruct the State government to implement the rules and regulations regarding appointment of Family Court judges.
4. Qualification for judges of Family Court laid down in Section 4(3) For the purposes of sub-section (1), every information shall be disseminated widely and in such form and manner which is easily accessible to the public. of Family Court, qualified persons are judicial holding 7 years experience, advocate having 7 years experience and any other qualification centrally prescribed. Under Section 4(3) For the purposes of sub-section (1), every information shall be disseminated widely and in such form and manner which is easily accessible to the public. (c) Government of India prescribed that personal having Post Graduate in Law with specialization in Law and 7 years in teaching etc. also can be appointed a judge.
5. The respondent officer stated that all these options are opened for State Government. He also submitted that after receipt of RTI application from the appellant, the Government of India have full right to inform whether they were following these rules or not. The officer submitted that the answer given by the High Court was received yesterday and he shown the information to the appellant yesterday itself.
6. Having heard the submission and perusal of records, the Commission directs the respondent authority to collect the specific information from the High Court whether the qualification prescribed by the Government of India under Section 4 (3) (c) is being implemented, how much Family Court judges are appointed under Section 4 (3) (a), (b) & (c). After receiving the information from the High Court it should be furnished to the appellant under intimation to the Commission within 30 days from the date of receipt of this order. Hence the appeal is disposed of.
(M. Sridhar Acharyulu)
Citation: Ram Krishan Pandey v. M/o Law & Justice in Case No. CIC/SA/A/2014/001142