Arvind Kejriwal
The Department of Personnel and Training (DOPT) promotes and transfers the officials of Central Services Officers. There is a Central Staffing Scheme, under which the officers are selected from different central services (including Indian Administrative Service) to be posted at different central government secretarial posts. But the selection procedure as provided in this scheme is not adhered to. Arvind asked for the inspection and also for the copies of all the files dealing with selections and postings of officers made in last two years, but DOPT denied the information. The matter came before the CIC and CIC rejecting the contention of the DOPT that the files are exempted under section 8(1) (j) of the RTI Act, ordered the inspection and thereby obtaining copies of the relevant pages. Arvind inspected the files, but when he sought the copies of the files, DOPT again rejected his request on the same ground. When Arvind approached CIC again, CIC observed that it seems that you have got the information and therefore, there is no action required on the side of the commission and closed the file. Arvind is challenged this in the court.
In this case, the Court found it very inappropriate on part of CIC to dispose of the case by a single member bench when it was heard by a two mwmber bench. The Court also commented on the interference of the Registry of the Commission in the decision making process and said that as in a court, the role of registry is to assist the judge/ members in the administration and not to interfere with the process of decision making. The Registry of the CIC has, in fact, passed the order on behalf of the Commission. The court finally set aside all the proceedings of the commission after 14.07.2006- when the first order of the commission by a two member bench was passed and the matter was scheduled for hearing againg after one month- and reverted the matter back to CIC with a direction to the Chief Information Commission to constitute a bench to hear the matter and pass an appropriate order on the issue of non- compliance of the order of the commission dated 14.07.2006.
Now with the directions of the Hon’ble Court all proceedings after 14.07.2006- including the order of the single bench- has been set aside and the Chief Information Commission will now constitute a bench of two or more members to re-hear the complaint of non-compliance of the order of the Commission passed on 14.07.2006 and the bench will subsequently pass an appropriate order.