Disposed

Surendra Jain v. State of Rajasthan

Rajasthan HC11 Dec 2019CW/16675/2019

Case brief

AI extract

What is this about?

The Court directed the State of Rajasthan to decide within 15 days whether to issue a corrigendum to the earlier recruitment advertisement or issue a fresh advertisement for appointing the Chief Information Commissioner under the Right to Information Act, to be completed within three months.

What did the court decide?

The State directed to take a decision on the corrigendum or fresh advertisement for appointing the Chief Information Commissioner within 15 days.

Surendra Jain Vs State of Rajasthan — RTI and Transparency | Rajasthan HC (2019)

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(1 of 2)

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[CW-16675/2019]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Civil Writ Petition No. 16675/2019

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Surendra Jain S/o Shri R.N.C. Bhandari, aged about 57 years, Resident of Purebiyon Ki Gali, Bhistyoan Ka Bas, Jodhpur (Rajasthan).

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----Petitioner

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Versus

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State of Rajasthan through the Chief Secretary, Secretariat, Jaipur, Rajasthan.

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The State of Rajasthan through the Principal Secretary, Administrative Reforms & Coordination Department (RTI Cell), Jaipur, Rajasthan.

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The Secretary, Rajasthan Information Commission, Jaipur, Rajasthan.

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----Respondents

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For Petitioner(s) For Respondent(s)

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: Mr. Manoj Bhandari. : Ms. Rekha Borana, AAG with Ms. Vaishali Parihar.

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HON'BLE THE CHIEF JUSTICE MR. INDRAJIT MAHANTY HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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11/12/2019

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Heard learned counsel for the petitioner as well as learned Additional Advocate General for the State.

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The present writ petition registered as PIL has come to be filed seeking direction to the State to appoint permanent Chief Information Commissioner within a period to be directed by the Court.

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On perusal of the reply-affidavit filed by the State, copy of which is provided to the Court by the Additional Advocate General, it is seen therefrom that the Central Government has issued a

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(2 of 2)

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[CW-16675/2019]

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Gazette Notification dated 24.10.2019 regarding terms and conditions of appointment of the Chief Information Commissioner.

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Learned Additional Advocate General submits that the State is in the process of deciding whether to issue corrigendum of earlier advertisement or to issue a fresh advertisement calling for applications, either decision has to be taken by the State under Section 15 of the Right to Information Act. Learned counsel for the State submits that the matter is pending before the Chief Minister for taking a decision thereon.

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Having heard learned counsel for the respective parties and on perusal of the reply-affidavit, we are of the considered view that the State may be directed to take a decision as to whether they intent to issue a corrigendum to the earlier advertisement or to take a decision to issue a fresh advertisement within a period of 15 days from today.

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As a consequence of such a decision, necessary steps shall be taken and completed positively within a period of three months from today and compliance report be submitted before this Court within a period of one week thereafter.

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With these observations, the writ petition stands disposed of. It shall be open for the State to consider necessity for appointment of Information Commissioner, Divisional Level in terms of Section 15 sub-clause (7) of the Act.

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(DR. PUSHPENDRA SINGH BHATI),J (INDRAJIT MAHANTY),CJ

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13-a.asopa/-

Surendra Jain v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Surendra Jain v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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