know whether a SIC or for that matter CIC has any authority under RTI
Act to summon a Governor to any of it's hearing.
Especially when the Gov himself is the appointing authority for the SIC?
Goa governor skips RTI hearing
Panaji, Jan 4 (IANS) Goa Governor S.S. Sidhu Tuesday invoked
constitutional immunity to avoid appearing for a Right to Information
(RTI) Act hearing, his lawyer said.
Speaking to reporters outside the state information commission (SIC)
here, Sidhu's counsel Carlos Fereira said that the governor had sought
immunity provided under article 361 of the Indian constitution.
'The governor enjoys privilege extended to him under article 361 of
the Indian constitution,' Carlos told reporters here after Sidhu
failed to appear before the SIC despite summons asking him to remain
present at the hearing.
According to article 361 of the constitution, 'The president, or the
governor or rajpramukh of a state, shall not be answerable to any
court for the exercise and performance of the powers and duties of his
office or for any act done or purporting to be done by him in the
exercise and performance of those powers and duties'.
Goa's chief information commissioner Motilal Keni had issued the
summons in response to an appeal under the RTI act filed by local
activist Aires Rodrigues.
In his RTI application dated Nov 28, 2010, Rodrigues had asked for
details of the action taken on the complaints made by him to the
governor against state advocate general Subodh Kantak. The activist
had also sought copies of noting sheets and correspondence pertaining
to the processing of his complaint.
The governor's special secretary, N. Radhakrishnan, who was also
present at the hearing, said that the office of the governor 'could
not be construed as a public authority and hence could not be covered
under RTI'.
The next hearing at the SIC is on Jan 21.
http://www.sify.com/news/goa-governor-skips-rti-hearing-news-national-lbenkkajfad.html
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