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Bombay HC asks government to clear stand on transfer of information commissioners by July 22

The Bombay High Court on July 8 state government to come clear on its stand on who has the power to transfer information commissioners.

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In a July 8 order, the Bombay High Court has asked the state government to come clear on its stand on who has the power to transfer information commissioners. A new order in this regard was given after the court found out that the earlier affidavit reiterated the stand taken by the secretary of information commission, whose chief has been accused in the petition of encroaching on someone else's powers to do the transfers.

The order was given by a joint bench of justices MS Karnik and Shantanu S Kemkar. The order goes on to ask the government to produce all related documents pertaining to appointment of various state information commissioners, and advertisements as well.

The order stated, "The learned government pleader is directed to file a fresh affidavit as we find that the earlier affidavit dated March 5, 2015, reiterates the stand taken by the secretary, state information commission, Mantralaya.

Let the stand of the state government be made clear as to who is empowered to transfer the state information commissioners. On the next date of hearing, learned AGP is directed to make available the records pertaining to appointment of various state information commissioners and advertisements also."

The order, which directed the state to respond on July 22, comes in the wake of a public interest litigation (PIL) filed by Pune-based Right To Information (RTI) activist Vijay Kumbhar. Despite earlier directives from the court, the state has not filed an affidavit making its stand clear.

Kumbhar filed the PIL after state chief information commissioner Ratnakar Gaikwad transferred the Amravati bench information commissioner to Pune bench. In the litigation, Kumbhar has stated that Gaikwad encroached on the power of the governor, who has the right to appoint and transfer commissioners.

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