Court cannot frame rules for appointment of CIC chief: HC

The Delhi High Court has refused to frame guidelines for appointment of Chief Information Commissioner saying it cannot "restrict" the discretionary power of a committee headed by the Prime Minister.

Last Updated: Oct 23, 2010, 00:50 AM IST

New Delhi: The Delhi High Court has refused
to frame guidelines for appointment of Chief Information
Commissioner saying it cannot "restrict" the discretionary
power of a committee headed by the Prime Minister to decide a
suitable person for the post.

"We cannot restrict the discretionary power of the high-
powered committee headed by the Prime Minister to decide on
the appointment of the Chief Information Commissioner," a
bench comprising Chief Justice Dipak Misra and Justice
Manmohan said.

The Chief Information Commissioner is chosen by a
committee comprising the Prime Minister, the Leader of the
Opposition and a minister of the Union Cabinet.

The court dismissed the plea of RTI activist Arvind
Kejriwal who sought the court`s intervention in framing rules
for the appointment of Chief Information Commissioner and
other members of the Commission.

He alleged there was manipulation by the Department of
Personnel and Training, which recommends the name for the post
to the committee, in the appointment Information Commissioner
A N Tiwari as the CIC chief.

The court, however, refused to entertain the plea and
dismissed it, saying "we cannot legislate of frame rules".

-PTI

Tags: