YAISHWARYAJ’s Memorandum to scrap the Uttar Pradesh Government's order of appointing Ms. Khazihatul Kubra W/O Sri Zamil Akhtar as Information Commissioner

e-memorandum

To,
Hon.ble Sri B. L. Joshi
the Hon.ble Governor of Uttar Pradesh
Lucknow
"hgovup" <hgovup@up.nic.in>,

Sub.: YAISHWARYAJ's Memorandum to Sri B. L. Joshi , the Hon.ble
Governor of Uttar Pradesh demanding scrapping of Uttar Pradesh
Government's order of appointing one Ms. Khazihatul Kubra W/O Sri
Zamil Akhtar ( Information Consultant to the Chief Minister of Uttar
Pradesh ) as Information Commissioner of Uttar Pradesh ( the post was
lying vacant after retirement of Sri Gyanendra Sharma )

Hon.ble Sir ,

YAISHWARYAJ has come to know from a reliable source that the Uttar
Pradesh Government is going to appoint one Ms. Khazihatul Kubra W/O
Sri Zamil Akhtar ( Information Consultant to the Chief Minister of
Uttar Pradesh ) as Information Commissioner of Uttar Pradesh ( the
post was lying vacant after retirement of Sri Gyanendra Sharma )

The Uttar Pradesh Government's move is unconstitutional and the whole
process needs to be stalled at once.

Time and again , YAISHWARYAJ has raised its demands of fair
appointments of information commissioners as per the letter & spirit
of the RTI act 2005 .

The procedure , eligibility norms etc. for appointments of information
commissioners have been laid down in Chapter IV of RTI Act 2005 .

Subsection 3 of Section 15 states about the appointing authority etc."
The State Chief Information Commissioner and the State Information
Commissioners shall be appointed by the Governor on the recommendation
of a committee consisting of—
(i) the Chief Minister, who shall be the Chairperson of the committee;

(ii) the Leader of Opposition in the Legislative Assembly; and
(iii) a Cabinet Ministrer to be nominated by the Chief Minister.
Explanation.—For the purposes of removal of doubts, it is hereby
declared that where the Leader of Opposition in the Legislative
Assembly has not been recognised as such, the Leader of the single
largest group in opposition of the Government in the Legislative
Assembly shall be deemed to be the Leader of Opposition "

Subsection 5 of section 15 further states the eligibility norms " The
State Chief Information Commissioner and the State Information
Commissioners shall be persons of eminence in public life with wide
knowledge and experience in law, science and technology, social
service, management, journalism, mass media or administration and
governance "

the spirit of the act is that all members of the committee should
necessarily take part in the process of appointment and should note
down their views on each and every aspect. This is not being followed
in most of the appointments. Such appointments are ab-initio-void and
needs to be scrapped.

Further , the act emphasizes the word " Appointment " and not "
Nomination " . The procedure adopted so far is clearly the nomination
and not the appointment. Appointment means appointment after giving
fair chance to all eligible citizens in consonance to article 14 & 16
of the Constitution of INDIA and then selecting and appointing the
best as per the procedure and norms laid down in the advertisement by
the state government.

Wayback , we have sent memorandum on this issue to you which is
pending for action with the Government of Uttar Pradesh and the
Government is going to make another arbitrary nomination of
information commissioner without any advertisement for appointment.
This is illegal and shows dubious intentions of state government with
respect to RTI implementation.

YAISHWARYAJ again requests you to stall this unconstitutional process
at once and forever and strive for ways to ensure fair appointment on
the said post.

Members of YAISHWARYAJ alongwith other RTI activists of Uttar Pradesh
wants to meet and apprise your goodself the long pending issue of
fair appointments of information commissioners as per the letter and
spirit of RTI ACT 2005 and many other issues over which the Government
of Uttar Pradesh seems to be intentionally acting against the ACT.

Best Regards

Date : 11-06-11

Urvashi Sharma
Social Worker & RTI Activist
for YAISHWARYAJ
F-2376 First Floor
Rajajipuram , Lucknow
Uttar Pradesh - 226017
mob. - 9369613513
8081898081

Copy to - Hon.ble Km. Mayawati ,The Chief Minister of Uttar Pradesh ,
Lucknow by e-mail "cmup" <cmup@up.nic.in>, "cmup" <cmup@nic.in>,

Urvashi Sharma
Social Worker & RTI Activist
for YAISHWARYAJ
F-2376 First Floor
Rajajipuram , Lucknow
Uttar Pradesh - 226017
mob. - 9369613513
8081898081