Friday, September 14, 2012

[HumJanenge] PUBLIC GRIEVANCE: Constitution of Benches

To:
Shri Satyananada Mishra ji
Chief Information Commissioner of India
Central Information Commission
August Kranti Bhawan
New Delhi

BY EMAIL

15-Sep-2012

PUBLIC GRIEVANCE / NOTICE-IN-LAW

Sir

I refer to

a) Recent decision of Hon'ble Supreme Court in "Namit Sharma versus
UoI" in WPC(C) 210 of 2012 d/d 13.09.2012.

b) Full Bench Decision of Central Information Commission in Appeal no.
CIC/MA/A/2008/01085 d/d on 30.10.2009 with particular reference to my
submission on behalf of Tattwasoochna Sabha recorded at para 32
therein questioning (incomplete) constitution of the Full Bench.

In the circumstances, and seeing as how Mr. Vijai Sharma is now the
only member (as far as I can see) in the Central Information
Commission qualified as :"law member", I am aggrieved that the Hon'ble
Commission has consistently ignored all my submissions, pleas and
entreaties concerning this issue, and I hereby call on you to ensure
that henceforth the Central Information Commission must function in a
"collegium" at its Full Strength and hear and decide all cases "as a
body" with Mr Vijai Sharma always present and having a quorum of at
least 2 members.

I may remind you that it was in one of my cases cites as WP(C)
12714/2009 in Delhi High Court that the CIC Management Regulations
2007 regulating "Benches" was struck down as bad in law. The stay
order obtained in SLP 30152 thereafter allowing single IC benches
pende lite now seems modified by the latest judgment of Supreme Court.
It is pertinent that I am a party before the Supreme Court in that
matter (SLP 30152) which is now converted into regular civil appeal.

Any alternative would be construed as "civil contempt of court" and I
would have no hesitation in initiating the requisite IA should I
decide to enter appearance as I have been called upon to do recently.
The responsibility to manage the affairs of the Commission vests in
you, hence this email.

I would appreciate your acknowledgment.

yours faithfully

Er. Sarbajit Roy
B-59 Defence Colony
New Delhi 110024

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.