Can the Chief Information Commissioner transfer an Information Commissioner?
18 Apr, 2015The bench of Ravindra Jadhav, information commissioner at the State Information Commission (SIC) of Maharashtra which was located at Amravati, was transferred to Pune. A Public Interest Litigation (PIL) was filed by Vijay Kumbhar in the High Court stating that the Chief Information Commissioner of Maharashtra Mr. Ratnakar Gaikwad had infringed upon the jurisdiction of the governor by transferring the bench of Ravindra Jadhav, to the Pune bench.
It has been contended in the petition that only the governor can transfer an information commissioner and if this decision is taken by the Chief Information Commissioner, then other information commissioners would remain under pressure and would not be able to function properly. Section 16 (4) of the RTI Act reads, “The general superintendence, direction and management of the affairs of the State Information Commission shall vest in the State Chief Information Commissioner who shall be assisted by the State Information Commissioners and may exercise all such powers and do all such acts and things which may be exercised or done by the State Information Commission autonomously without being subjected to directions by any other authority under this Act.”
Earlier, a division bench of Justice Naresh Patil and Justice V L Achliya of Bombay High Court had passed an order the staying the transfer and had directed the Advocate General to appear before the court in the next hearing.
Maharashtra had issued a notification and an officer was appointed for Amravati. In the hearing of the PIL, the court asked why it was not informed about the appointment. The Court also prohibited Chief Information Commissioner from transferring anybody until further orders.