HC admits PIL against CIC appointment

PATNA: The Patna high court on Tuesday admitted a PIL challenging the appointment of Ashok Kumar Chaudhary as the state's chief information commissioner (CIC) and issued a notice to him.
A division bench comprising Chief Justice Rekha Manharlal Doshit and Justice Jyoti Saran admitted the Patna Nagrik Parishad's PIL for hearing. Filed through Parishad secretary Arvind Kumar Sinha, the PIL has alleged that Chaudhary's appointment was a violation of the Constitutional provisions.
Petitioner's counsel Ravindra Giriyaghey submitted that under the provisions of Article 319(B) of the Constitution, a person having once held the post of the chairman of a public service commission cannot be appointed by the government in any organisation functioning under the government.Chaudhary is a former chairman of the Bihar Public Service Commission, he added.
Advocate general PK Shahi submitted that the State Information Commission is an independent and autonomous body and not a body of the government. Hence, the provisions of Article 319(B) are not applicable to the appointment of CIC of the State Information Commission.
The advocate general further said the CIC is appointed by the governor on the recommendation of a three-member committee of which the chief minister and the leader of the opposition are the members. Hence, the appointment of Chaudhary, made by the governor on the recommendation of the committee, cannot be said to be an appointment made by the state government, he added.
The court directed the petitioner's counsel to delete the names of the chief minister and the governor as respondents from the PIL when the advocate general submitted that it was not necessary as the chief secretary of the government and the CIC are already respondents in the case.