Mail News Service
Imphal, Mar 2: Today, a division bench of Gauhati High Court, Imphal Bench comprising of Hon’ble Mr. Justice T. Vaiphei and Hon’ble Mr. Justice P.K. Musahary has issued a notice of motion returnable within 4 weeks in a Public Interest Litigation (PIL) filed for issuance of a Writ 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 Shri Ch. Birendra Singh as Information Commissioner as non-est in law and to quash his appointment as Information Commissioner, Manipur Information Commission.
The present PIL was filed jointly by (i) Shri Ayekpam Keshorjit Singh of Haobam Marak Irom Leikai, Imphal West and (ii) Smt. Mutum Maipakpi of Kongpal Mutum Leikai, Imphal East. In the said PIL the Petitioners contended that Shri Ch. Birendra Singh was working as Commissioner (Revenue), Government of Manipur and after retirement from service he was appointed 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 the year 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 lost of Rs. 2, 97, 87,8647- from the State Exchequer.
Further the Petitioners also 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 Act. It is an Institution which is statutorily created under the Right to Information Act, 2005. At present Shri Ch. Birendra Singh is the only surviving Information Commissioner of the Manipur Information Commission inasmuch as the term of the Chief Information Commissioner had already expired on 12th September 2011. Thus, Shri Ch. Birendra Singh is the only person responsible for the Manipur Information Commission. Thus, Shri Ch. Birendra Singh, who was involved in appointment of 28 Lower Division Clerks (LDC) illegally by using corrupt means, would jeopardize the very basic foundation of Manipur Information Commission, an integrity institution. And at the same time it hampers 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 Hon’ble High Court for questioning the legality of the recommendation and subsequent appointment of Shri Ch. Birendra Singh, the Petitioners have preferred the present Writ Petition in the form of Public Interest Litigation thereby questioning the legality of the recommendation and appointment based thereon of Shri Ch. Birendra Singh. Shri Laimayum Sevananda Sharma, Advocate has appeared on behalf of the Petitoner and the present PIL is filed at the active initiative of Human Rights Law Network (Manipur).
Read more / Original news source: http://manipur-mail.com/hc-issues-notice-regarding-commissioner-rti/
