The Madras High Court today ordered issue of notice to the Secretary to the Tamil Nadu Governor and Chief Minister J Jayalalithaa on a plea by opposition leader Vijayakant against Chief Information Commissioner K Ramanujam and Information Commissioners R Dakshinamurthy and G Murugan seeking an explanation under what authority they hold the office.
Justice M M Sundresh directed tagging of similar petitions pending adjudication challenging the appointment of the officials.
Vijayakant submitted that the appointment was made in contravention of rule 15(3) of Right to Information Act which mandates that the State Chief Information Commissioner and the Information Commissioners shall be appointed by the Governor on the recommendation of a committee consisting of the Chief Minister, the Opposition Leader and a Cabinet Minister nominated by the Chief Minister.
He contended that the committee was not constituted and the appointments are illegal.
He submitted that the Principal Secretary to the Government Personnel and Administrative Reforms Department had sent a letter dated August 1 to him stating that the Chief Minister has given her consent to conduct the committee meeting to select the Chief Information Commissioner and two Information Commissioners on August 8.
He submitted that the Secretary has not asked his convenience or consent to convene the meeting prior to the letter.
The letter was also silent about the name of the third committee member and the list of candidates with their particulars which is the regular practice adopted by the government.
The communication letter cannot be considered as a valid one, he submitted and sought issuance of writ of quo warranto to the Information Commissioners under what authority they hold the office.
