The Chief Information Commissioner
Central Information Commission at New Delhi
copy to: Secy/DoPT (for information)
15-March-2012
NOTICE IN LAW.
Respected Sir
I refer to my previous emails on this subject and also the news
article published yesterday by "Moneylife" magazine viewable at
Once again Shri Shailesh Gandhi is described therein to be the "Chief
Information Commissioner" and the Commission has never cared to
contradict / rebut the same.despite my numerous communications to the
Commission on this issue. I had alleged that he described himself as
such.
In the instant case, Shri Gandhi has once again openly disagreed with
the consensus view of the CIC, including that expressed by a Full
Bench of CIC. He has also ignored several stay orders on the subject
from the High Courts. His orders repeatedly describe his contempt for
yourself and the Commission acting as a body since he chooses to
describe himself therein as "this Commission". The Commission had also
stopped his high-handed and completely unlawful practice of directing
FIRs to be filed when I formally complained about it.
You are very well aware that I am the Respondent No.2 in SLP
30152/2010 pending in Supreme Court on the issue of functioning of
individual Commissioners, and the SLP has since been allowed and
converted into regular Civil Appeal only last month..It is pertinent
that single Information Commissioners are hearing cases on the
sufferance of an interim stay of the Court as the Delhi High Court had
disallowed such functioning. I believe that the DoPT is a necessary
party on this issue and the Government Law Officers have no business
representing the CIC in Court when the parent Ministry publicly holds
a different view to the Commission's on this point.
For your ready reference I again list at the footer of this email some
of the recent news URLs where Shri Shailesh Gandhi is described as
being the "Chief Information Commissioner". I can list many more if
called upon to do so.
I am also constrained to say that I have still not received the reply
from the Commission to the OM issued by the DoPT to Secretary/CIC on
certain complaints I had made about Shri Shailesh Gandhi, including
breach of Official Secrets Act and permission/sanction to prosecute
him. As the Hon'ble Supreme Court has specified that a maximum of 4
months is allowed for this, I would be obliged if you would kindly
look into this personally.
Considering the above, I urge you to kindly restrain Shri Shailesh
Gandhi or ensure that no business is allocated to this irresponsible
and egoistic individual..
I would also appreciate if a formal public notice is issued on website
of Commission clarifying whether Shri Gandhi is or is not the Chief
Information Commissioner considering the widespread confusion in the
media.
Yours faithfully
Sarbajit Roy
B-59 Defence Colony
New Delhi 110024
Tel : 011-24334262
http://specials.rediff.com/news/2008/dec/23chat.html
http://www.suchetadalal.com/?id=ee537dcb-f390-800c-4ec4f8f0f091&base=sections&f
http://www.outlookindia.com/printarticle.aspx?277473
http://zeenews.india.com/news/nation/cic-pulls-up-tihar-jail-authorities_645859.html
http://citizensreport.in/2011/01/union-law-minister-veerappa-moily-promises-justice-in-3-years-2/
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