(A.K. Sikri and S. Abdul Nazeer, JJ.)
Anjali Bhardwaj and Others ________________________ Petitioner(s);
v.
Union of India and Others _________________________ Respondent(s).
Writ Petition(s)(Civil) No(s). 436/2018, decided on December 3, 2018
The Order of the court was delivered by
Order
1. Mr. Parshant Bhushan, learned counsel appearing for the petitioners has submitted a chart which contains status of vacancies in Information Commissions in the Country. The same is re-produced below:
| Information Commission (IC) | Status as per PIL | Status as per Affidavit filed by respondent | Status as of 02-12-2018 |
| Central Information Commission | • 4 posts of information commissioners lying vacant. Commission functioning with 7 commissioners including the Chief. • As of April 4, 2018, more than 23,500 appeals and complaints were pending before the commission. | Affidavit dated 27.8.2018 • Advertisement for 4 vacant posts issued on 27.7.2018 • No specific timeline for filling vacancies provided | • 8 vacancies including that of Chief. CIC functioning with only 3 commissioners • Pendency risen to 26,037 as of 2.12.2018 • Advertisement for 4 vacancies issued on 27.7.2018 did not specify tenure and salary of commissioners • Advertisement for post of Chief issued on 23.10.2018, did not specify tenure & salary • No advertisement issued for 3 other vacant posts • No transparency in the process of appointment (information about search committee, minutes, applicants denied under RTI) |
| West Bengal State Informa tion Commiss ion | • 9 posts of information commissioners lying vacant. SIC of West Bengal functioning with just two information commissioners. • As of October 31, 2017, more than 8,000 appeals and complaints pending in the West Bengal SIC. • As per website of SIC, several matters filed more than 10 years ago are being heard in 2018. | Affidavit dated 17.8.2018 • Advertisement published on 03.08.18 for filling up 1 post of State IC • Process of appointment to be completed within 3 months | • No change. Same as per PIL. • Website shows commission functioning with only 2 commissioners |
| Andhra Pradesh State Informa tion Commiss ion | • Commission defunct since May 2017. • Post of Chief Information Commissioner and 10 information commissioners lying vacant. • No appeals/complain ts filed to the AP SIC have been heard since May 2017. | Affidavit dated 24.8.2018 • Post of 1 chief and 3 ICs was created at the time of constitution of APSIC • Selection Committee recommended some names for the post of Information Commissioners and decided to issue a fresh notification for the post of Chief Information Commissioner • No specific time frame provided for appointing commissioners | • Three Information Commissioners appointed in October 2018, but no Chief appointed • As of mid-November 2018, commission had not started hearing any matters |
| Odisha State Informa tion Commission | • 8 posts of information commissioners vacant. Commission functioning with only three commissioners (including the Chief) • As of October 31, 2017, more than 10,000 appeals and complaints pending before the SIC. | Affidavit dated 23.8.2018 • 1 post will be filled within 6 months | • No change. Same as per PIL. |
| Telangana State Information Commission | • 9 posts of information commissioners vacant • More than 15,500 appeals and complaints pending before the commission as of October 31, 2017 | Affidavit dated 6.9.2018 • As on 13/09/17 i.e. when the commission was constituted, there were a total of 6825 pending cases. As on 30/06/18, total 9341 cases are pending in the Commission. • No need for additional commissioners | • No change. Same as per PIL. • Information provided by respondent shows pendency has increased by 37% since the constitution of the commission |
| Maharashtra State Informa tion Commiss ion | • Post of the Chief Information Commissioner vacant since April 2017. • 3 posts of information commissioners also vacant. • As per website of the Maharashtra SIC, at the end of February 2018, more than 40,000 appeals and complaints pending before the commission. | • No affidavit filed | • New Chief-Mr. Sumit Malik has been appointed • 3 posts of information commissioners still vacant. • Website shows as of 31.10.2018, nearly 40,000 cases are pending |
| Gujarat State Information Commission | • Post of Gujarat Chief State Information Commissioner vacant since January 2018. | Affidavit dated 9.8.2018 • Mr. D.P. Thaker assumed charge on 2.5.2018 as the State Chief Information Commissioner • Procedure ofappointment of two state information commissioners is under process via advertisement dated 19/5/2018 • No specific time-frame provided for appointing commissioners | • 9 posts of information commissioners vacant. Commission functioning with 1 chief and 1 commissioner • As of 30.11.2018, more than 5,000 cases are pending |
| Kerala State Information Commission | • 10 posts of information commissioners lying vacant. The Kerala SIC functioning with a single commissioner (Chief) since 2016. • As of October 31, 2017 nearly 14,000 appeals and complaints pending with the commission. | Affidavit dated 5.9.2018 • Four Information commissioners appointed | • Commission now functioning with 5 commissioners (including chief) |
| Karnataka State Information Commission | • 6 posts of information commissioners vacant. Commission functioning with five commissioners (including the chief). • As of October 31, 2017 nearly 33,000 appeals and complaints pending before the SIC. | Affidavit dated 23.8.2018 • Commission functioning with 9 commissioner s, including chief • Notification dated 07.08.18 issued for appointment of Chief IC and 2 ICs as chief and 1 IC are going to retire. • No specific time-frame provided for appointing commissioners | • As per media reports, Chief retired in September 2018, no new chief appointed till date. Commission functioning with 7 commissioners (Times of India, November 17, 2018) |
2. He submits that the picture depicted in the aforesaid chart clearly reveals that number of vacancies not only in the Central Information Commission but also in the State Information Commissions are lying vacant and no effective steps are taken in filling of these vacancies. This state of affairs, according to him, is throttling the functioning of the RTI Act which is not good for democracy as the main purpose behind passing the RTI Act was to ensure transparency in the system.
3. Let Union of India as well as States of West Bengal, Andhra Pradesh, Odisha, Telangana, Maharashtra, Gujarat, Kerala and Karnataka file their status report indicating the steps which have been taken for filling up of the vacant posts and also the manner in which these posts are sought to be filled. Such a status report shall be filed within one week.
4. List on 13.12.2018.
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