Re: [HumJanenge] Goa governor skips RTI hearing

In my view, in appeal cases, the Inf. Commissioner can call the CPIO, Deemd CPIOs, FAA in the first instance.  In complaint cases, the jurisdiction is more as Commissions have the powers of Civil Court. But, to my knowledge, the Courts cannot call President and Governors to appear befor them  Commissions can can call others also under sub sections of section 18 (a) to (e) of the RTI Act while enjoying the powers of Civil Courts..   In this respect, the decision given by the Delhi High Court in May this year when the CIC had called the Vice Chairman of DDA is also relevant.  Mr. Sarabjit Roy can give more details.   In the case, it is not relevant that the Governor is the appointing authority for ICs. --- On Tue, 4/1/11, Sidharth Misra <sidharthbbsr@gmail.com> wrote: From: Sidharth Misra <sidharthbbsr@gmail.com> Subject: [HumJanenge] Goa governor skips RTI hearing To: humjanenge@googlegroups.com Date: Tuesday, 4 January, 2011, 2:59 PM In view of this ongoing war between Goa, SIC & Goa Guv I am curious to 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