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This Part File Is in Continuation of Earlier Uploaded File No. 4/2/2015 This part file is in continuation of earlier uploaded File No. 4/2/2015-IR and contains information relating to appointment of Information Commissioners in the Central Information Commission. Disclosure of information is subject to exemptions under section 8 (1) (j) of the RTI Act, 2005. ~.No. 4/2J2015-IR Government of India Ministry of Personnel, Public Grievances and Pensions Department of Personnel and Training North Block, New Delhi Dated 14thJanuary, 2016 Meeting Notice Meeting of the Search Committee for recommending panel of names to the Selection Committee for appointment of Information Commissioners in the Central Information Commission has been scheduled to be held under the chairmanship of Cabinet Secretary on 19.01.2016 at 11.00 A.M. in the Cabinet Secretariat, Rashtrapati Bhawan. Agenda note is enclosed. 2. Kindly make it convenient to attend the meeting. Encl: As above. ~t(lSQ (G.S. Arora) Deputy Secretary (IR) 23092755 1. Cabinet Secretary, Cabinet Secretariat, Rashtrapati Bhawan, New Delhi. ~ Additional Principal Secretary to PM, Prime Minister's Office, South Block, New Delhi. 3. Secretary (Personnel), Dlo Personnel & Training, North Block, New Delhi. 4. Secretary (I&B), Room No. 655, 'A' Wing, Shastri Bhavan, New Delhi 5. Secretary, (Expenditure), Ministry of Finance, North Block, New Delhi. 6. Dr. Manoj Panda, (Director), Institute of Economic Growth, Delhi University Enclave, Delhi 110007. Copy to:- PPS to Cabinet Secretary - to provide secretarial assistance to the Search Committee. Agenda Note Appointment of three Information Commissioners in the Central Information Commission. Rule Position 1. As per section 12 (2) of the Act, the Central Information Commission shall consist of the Chief Information Commissioner and such number of Central Information Commissioners, not exceeding ten, as may be deemed necessary. At present, the Central Information Commission has Chief Information Commissioner and 7(seven) Information Commissioners. 2. Section 12 (3) of the Act stipulates that the Chief Information Commissioner end the Information Commissioners shall be appointed by the President on the recommendation of a Committee consisting of the following:- (i) the Prime Minister who shall be the Chairman of the Committee, (ii) the Leader of the Opposition in the Lok Sabha, and (iii) a Union Cabinet Minister to be nominated by the Prime Minister. The Act further explains that for the purpose of removal of doubts, it is hereby declared that where the Leader of the Opposition in the House of the People has not been recognized as such, the Leader of the single largest group in opposition of the Government in the House of the People shall be deemed to be the Leader of Opposition. 3. As per Section 12(5) of the RTIAct, 2005, the Chief Information Commissioner and Information Commissioners shall be persons of eminence in public life with wide knowledge and experience in "law, science and technology, social service, management, journalism, mass media or administration and governance." 1 4. Section 12(6) of the RTI Act, 2005 mandates that "The Chief Information Commissioner or an Information Commissioner shall not be a Member of Parliament or Member of the Legislature of any State or Union territory, as the case may be, or hold any other office of profit or connected with any political party or carrying on any businessor pursuingany profession." 5. As per the past policy, the Chief Information Commissioner/Information Commissioners are selected through the process of advertisement, short listing by Search Committee and recommendations of Committee chaired by Prime Ministerand thereafter appointed by the President. Legal Position 6. It is pertinent to mention that in a Review Petition filed by Union of India against Hon'ble Supreme Court judgement dated 13.09.2012 in Namit Sharma case, the Hon'ble Supreme Court vide itsjudgement dated 03.09.2013,inter-alia, gave the following directions:- (i) We direct that only persons of eminence in public life with wide knowledge and experience in the fields mentioned in Sections 12 (5) and 15 (5) of the Act be considered for appointment as Information Commissioner and Chief Information Commissioner. (ii) We further direct that persons of eminence in public life with wide knowledge and experience in all the fields mentioned in Section 12 (5) and 15 (5) of the Act, namely, law, science and technology, social service, management, journalism, mass media or administration and governance, be considered by the Committee under Sections 12 (3) and 15 (3) of the Act for appointment as Chief Information Commissioner or Information Commissioners. (iii) We further direct that the Committees under Section 12 (3) and 15 (3) of the Act while making recommendations to the President or to the Governor, as the case may be, for appointment of Chief Information Commissioner and Information Commissioners must mention against the name of each candidate recommended, 2 the facts to indicate his eminence in public life, his knowledge in the particular field and his experience in the particular field and these facts must be accessible to the citizens as part of their right to information under the Act after the appointment is made. Background 7. In February 2014, the Govt. of India decided to fill up two posts of Information Commissionersin the CIC. At that time, the CIC had Chief Information Commissionerand 08 Information Commissioners. 8. On 25.02.2014, DoPT invited applications from interested persons for the post of Information Commissionersin the CIC, the last date for receipt of applications was 25.03.2014. In responseto thiscircular a total number of 293 applications were received. 9. The process of appointment of Information Commissionerswas started but before the Selection Committee could meet, one of the Information Commissioners,Shri Rajiv Mathur was elevated to the post of CIC on 22.05.2014 making the strength of Information Commissionersseven. 10. A fresh advertisement was issuedon 16.07.2014.It was mentioned that those who had applied against advertisement issued on 25.2.2014need not apply afresh. In response to the circular dated 16.7.2014,260 applications were received. Thus a total of 553 applications were received for the post of Information Commissioners in response to advertisements published on 25.2.2014and 16.7.2014. 11. Accordingly, all these 553 applications were broadly categorised into 7 categories of knowledge and experience, as mentioned above. Few applications which did not fall within those 7 categories, had been mentioned in "others" category. Detailsof 553 applications isat Annexure - I. However, for the sake of categorisation, only the main field of knowledge and experience were mentioned, while the additional fields of knowledge and experience, if any, were not indicated. Tabulated details on the basisof such categorisation isas under:- 3 No. of applications Category Law 98 Science & Technology 64 Social Service 27 Management 70 Journalism 29 MassMedia 13 Administration and Governance 233 Others 19 Total 553 12. The Government had approved constitution of Search Committee for shortlisting a panel of names for the post of Information Commissioners and Chief Information Commissionerin Central Information Commissionas under:- (i) Cabinet Secretary Chairman (ii) Addl Principal Secretary to PM Member (iii) Secretary (Personnel) Member (iv) Home Secretary Member (v) Secretary D/o Expenditure Member (vi) ProfessorRameshChand Member Director National Center for Agricultural Economics and Policy (NCAP) 13. In the meanwhile, Shri Rajiv Mathur completed his tenure as Chief Information Commissioner and demitted the office on 22.8.2014.The Central Information Commission on 23.8.2014 was without a Chief Information Commissioner and had seven Information Commissioners. 4 L -.f I .,......- 14. Applications were invited from interested personsto fill up the post of Chief Information Commissioner through advertisement on 24.10.2014. A total of 203 applications were received by the last date i.e. 24.11.2014. 15. On 6th April. 2015,a writ Petition(C) 3386was filed by R.K.Jain & ors.VIs Union of India before High Court of Delhi regarding delay in appointment of Chief Information Commissioner and Information Commissioner. The case was heard on 9.4.2015, 11.5.2015and 21.5.2015. Hon'ble Court on 21.05.2015was informed that appointments are at advance stage of finalization, however, Hon'ble Court reserved itsjudgment. 16. The 553 applications for the post of Information Commissionersagainst advertisements dated 25.2.2014 and 16.7.2014and 203 applications for the post of Chief Information Commissioner against the advertisement dated 24.10.2014were considered by the Search Committee in its meetings on 16.1.2015,6.2.2015, 27.4.2015 and 14.5.2015.The Search Committee prepared a panel of three applicants for the post of Chief Information Commissioner and a panel of nine applicants for three posts of Information Commissioners. Thesepanels were to be considered by the Selection Committee. The Selection Committee met on 23.5.2015and 1.6.2015,considered the panels suggested by Search Committee and selected Shri Vijai Sharma, the then IC as Chief Information Commissioner and Shri Sudhir Bhargava as IC. Theywere appointed on 10.6.2015and 11.6.2015respectively. Thestrength of Central Information Commissionon 12.6.2015was - one Chief Information Commissionerand seven Information Commissioners. 17. The tenure of ShriVijai Sharma, Chief Information Commissionerwas upto 1.12.2015.It was decided in September 2015, to start the process of appointment of new Chief Information Commissioner and more (upto 3) Information Commissioners in the Central Information Commission, through the prevailing policy of advertisement, shortlisting. Accordingly, a combined advertisement inviting applications for the post of Chief Information Commissioner and more (upto three) Information Commissionerswas published on 9.9.2015. The last date for receiving the applications was 12.10.2015. 5 18. A total of 341 applications (including Chief Information Commissioner) were received. 330 applications were received for the post Information Commissioners. A detailed list of 330 applications may be seen at Annexure - II.
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