A view of the High Court of Karnataka.
| Photo Credit: File Photo
The High Court of Karnataka on Tuesday said that the appointments to the post of State Chief Information Commissioner (SCIC) and seven posts of State Information Commissioners (SICs) are subject to final outcome of the petition, which has questioned the legality of the process of selection to the respective posts.
The court also made it clear to the government and the newly-appointed information commissioners that merely because they were being sworn-in, it would not preclude the court from considering the petitioner’s interim plea for staying their appointments after the records of their selection were submitted before the court.
Justice R. Devdas passed the interim order on a petition filed by K. Mallikarjuna Raju of Bengaluru, an aspirant to the posts.
2019 judgement
It was contended on behalf of the petitioner that selection to these posts are contrary to the Supreme Court’s 2019 judgement in the case of Anjali Bhardwaj and Others Vs. Union of India, in which the apex court had directed all states to form a search committee to scrutinise the applications of the candidates to the posts to shortlist names for consideration of the posts by the selection committee in terms of Section 15(3) of the Right to Information Act.
The petitioner claimed that the government did not constitute a search committee to scrutinise the applications received for the posts based on the notification issued last year inviting applications.
While retired IPS officer Ashit Mohan Prasad has been appointed as SCIC, retired IAS officer Mamatha B.R., senior journalists Rajashekara S., Badruddin K., and Rudranna Harthikote were appointed as SICs along with three others, Raman K., Harish Kumar, and Narayan G. Channal.
It has also been claimed by the petitioner that Mr. Prasad had applied only for the post of SIC and not for the SCIC but he was appointed SCIC.
Search committee
However, the State Advocate General contended that appointments were made as per the directions issued by the Supreme Court and a search committee had scrutinised the applications before the names were considered by the selection committee, headed by the Chief Minister.
The A-G also pointed out that the newly-appointed information commissioners were being sworn-in by the Governor on Tuesday evening while urging the court not to pass any interim order before ascertaining from the records if the government had adhered to the directions issued by the apex court.
While ordering issue of notice to the newly-appointed information commissioners, the court adjourned further hearing till February 10.
Published – February 04, 2025 08:20 pm IST
