From: Sarbajit Roy <sroy.mb@gmail.com>
To: rti4empowerment@googlegroups.com; humjanenge <humjanenge@googlegroups.com>
Sent: Wed, 29 December, 2010 3:58:49 PM
Subject: Re: [rti4empowerment] APPOINTMENT OF CCIC
Dear Guptaji
Did you use the word "short list" in your RTI request ? If there was no short list then there are no documents for her to give. You must read section 12, 13 etc. of the RTI Act very carefully and frame your request strictly in terms of the Act. When the Act does not speak of short list you can hardly expect DoPT to admit that there is any such list or need for a list.
The position in law is that a COMMITTEE of 3 members of Parliament recommends name/names to the President for appointment. The terms of ref of this Committee are already laid out in the Act. Till such time as additional rules to regulate the functioning / procedure to be followed by the Committee does not exist they can do anything within the limits of the Act. 100s of pages of documents procured under RTI Act on this show that the Committee is continuously changing its procedure and methods.
Sarbajit
By filing an RTI, I asked from the DoPT names of short-listed candidates considered for the post of Chief Information Commissioner and whether the short listing and selection criteria would be made public.
On filing the first appeal, Shri Anuradha S. Chagti, Dy. Secy. & First Appellate Authority has informed that no documents are available on these points and an appeal against this order of FAA can be made to the CIC.
It seems that only one name was considered at the time of appointing Shri A N Tiwari as CCIC or the DoPT has taken a decision to appoint the Senior Most IC as CIC and / or only one name was considered.
What next? Views of activists are request whether second appeal is desirable on the two aforesaid issues.
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