Government refuses access to files on the appointment of information commissioners

Government refuses access to files on the appointment of information commissioners
Apr 11, 2011, 03.04am IST TNN[ Jeeva ]


CHENNAI: The state government has refused permission for Right to Information (RTI) applicants to inspect files relating to the recent appointment of three commissioners to Tamil Nadu Information Commission. The government's refusal of RTI requests gains significance as the appointments were criticised by RTI activists alleging that there was no transparency in the selection process.

Personnel and administrative reforms department rejected the RTI requests made by at least three applicants including this reporter. The other two applicants are V Gopalakrishnan of MGR Nagar and R Anbazhagan of Poonamallee.

The department cited a pending case in the Madras high court challenging the appointment, as a reason for the rejection of the RTI applications, even though the court hasn't restricted the disclosure of the information under the RTI Act.

Stating that the court, following an undertaking given by the Advocate Genernal, had restrained the newly appointed commissioners -- Dr P A Ramiah, C Manoharan and Arumuga Nainar -- to assume office till the disposal of the case, the government in its reply, dated April 5, said: "As the appointment of the three commissioners has not yet been conclusively decided by the high court, it would not be appropriate to allow inspection of files relating to their appointment."

The appointments were announced on the morning of March 1, while the model code of conduct came into effect on the evening. Replying to a query, the government had admitted that no advertisements were given calling for applications for the appointment of the commissioners.

Agitated over the government's denial of permission to inspect the records, RTI activists said it was illegal, as section 8(1)(b) of the RTI Act stipulated that the government could deny the information only if it had been expressly forbidden to be disclosed by the court or the disclosure of which might constitute contempt of court.

"Besides, Tamil Nadu Information Commission in its ruling on September 7, 2009 made it clear that mere pending of a case before a court was not a bar to disclose information under the RTI Act,'' Gopalakrishnan said.

Already, the chief information commissioner KS Sripathi's appointment has been challenged before the Madras high court by an RTI activist V Madhav alleging that there was no transparency in his appointment process.