S VIJAYLAKSHMI Vs. STATE OF TAMIL NADU REP BY ITS SECRETARY TO GOVERNMENT P AR DEPARTMENT SECRETARIAT

JUDGEMENT

(1.) This writ petition has been filed for a writ of certiorari to call for the records of the 1st respondent relating to G.O.Ms.No. 32, Personnel and Administrative Reforms (AR.3) Department dated 01.03.2011, whereby respondents 3 to 5 have been appointed as the Information Commissioners inspite of objection by the 2nd respondent, and quash the same as being arbitrary, illegal and violative of Section 15(3) of the Right to Information Act, 2005.

(2.) When the case was first listed for admission on 10th March, 2011, this Court passed the following order :

(3.) The grounds of challenge inter alia are that the appointment of respondents 3 to 5 as Information Commissioners is not in consonance with the procedure laid down under Section 15(3) of the Right to Information Act, 2005 (for short 'Act'). The impugned G.O.Ms.No. 32, Personnel and Administrative Reforms (AR.3) Department dated 01.03.2011 has been issued appointing respondents 3 to 5 as Information Commissioners, when the model code of conduct for election was in operation. In the selection of respondents 3 to 5 as Information Commissioners the Leader of the Opposition was deliberately sidelined and her mandatory recommendation was not obtained, which renders the appointment void ab initio. Thus, cronyism sans transparency in public service, that too especially in a body that is supposed to enforce transparency, is highly illegitimate and the respondents 3 to 5 ought to be restrained from functioning as the Information Commissioners.