Before moving the SC, I am sure that you would have carefully
anticipated the defence adopted by the SCIC. In my view, under RTI Act
whereas the SCIC is equated to the status of a CENTRAL Election
Commissioner, the SICs are under the STATE Govt. (and equated to the
Chief Secretary).
Since all these persons are notified to use red beacons, I recall
reading somewhere that the SC judgment allowed equals to be treated
equally.
Sarbajit
On 2/19/16, Aires Rodrigues <airesrodrigues1@gmail.com> wrote:
> Goa's beleaguered Chief Information Commissioner (CIC) Prashant Prabhu
> Tendolkar while trying to justify his using the red beacon has today
> claimed that he is equivalent in rank with a Supreme Court Judge.
>
> In a reply to the show cause notice issued to him by the Transport
> department over the illegal use of the red beacon it has been claimed that
> the red beacon was being used on the official vehicle since 2010 by the
> earlier CIC.
>
> In the reply it has been further stated that if the mere non inclusion of
> the CIC in the State list disentitles him from using the red beacon, it
> would amount that the other central dignitaries whose names are not
> included on the list cannot also use the red beacon in the State.
>
> Strangely in the four page reply signed by Irene Sequeira the Secretary of
> the Goa State Information Commission it has been also claimed that the
> salaries and allowances of the CIC are equivalent to that of the *Chief
> Election Commissioner* though Section 16 (5) of the Right to Information
> Act states that the salaries and allowances of the State chief Information
> Commissioner shall be the same as that of an *Election Commissioner. *
>
> The show cause notice was issued to CIC Prashant Tendolkar after on 9th Feb
> a complaint was filed against the CIC for illegally and blatantly using the
> red beacon on his official vehicle GA-07-G-5555 in clear defiance of law.
>
> In accordance with the Supreme Court order the Goa Government by a
> notification issued on 3rd July 2014 notified the list of persons entitled
> to use the red beacon on their official vehicle. As per that notification
> only allowed to use the red beacon are the Governor, Chief Minister and
> Ministers, Speaker, Deputy Speaker, Chief Justice and Judges of the High
> Court, Leader of Opposition, Advocate General and the Chief Secretary.
>
> As the misuse of the red beacon by Goa's Chief Information Commissioner
> Prashant Prabhu Tendolkar in defiance of law is being allowed to continue
> in connivance with some ruling BJP politicians, the Supreme Court of India
> would be moved next week by way of a Contempt of Court petition to ensure
> that the rule of law is not allowed to be made a casualty.
>
> Aires Rodrigues
> Advocate High Court
> C/G-2, Shopping Complex
> Ribandar Retreat,
> Ribandar – Goa – 403006
> Mobile No: 9822684372
> Office Tel No: (0832) 2444012
> Email: airesrodrigues1@gmail.com
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