LAWS(HPH)-2007-5-9

VIRENDER KUMAR Vs. P S RANA

Decided On May 17, 2007
VIRENDER KUMAR Appellant
V/S
P.S.RANA Respondents

JUDGEMENT

(1.) The short question which arises for decision in the present case is whether the State Information Commission to be constituted under the Right to Information Act, 2005, (hereinafter referred to as the Act) can be a single member body or must be a multi member body.

(2.) The petitioner has filed this writ petition alleging that the State of Himachal Pradesh has only appointed the Chief Information Commissioner and has not appointed any State Information Commissioner(s) and, therefore, the constitution of the Station Information Commission is illegal and not in accordance with Section 15 (2) of the Act, which reads as follows.-

(3.) The contention of the petitioner is that the State Information Commission must consist of a Chief Information Commissioner and at least one State Information Commissioner. On the other hand, the contention of the respondents as put forth by Mr. R. S. Cheema, learned Senior Advocate, appearing for the State of Himachal Pradesh is that it is not incumbent upon the State to appoint a State Information Commissioner. According to him the words "as may be deemed necessary" in Clause (b) of sub-section (2) of Section 15 vest discretion in the Government to appoint any number of State Information Commissioner up to a maximum of 10. It is contended that the State can. therefore, decide not to appoint any State Information Commissioner also.