Case Note & Summary
The petitioner, a journalist and RTI activist, filed a Public Interest Litigation challenging the transfer of Respondent No.3, a State Information Commissioner, from Amravati to Pune by the State Chief Information Commissioner. The petitioner argued that the State Chief Information Commissioner had no power to transfer a State Information Commissioner under the Right to Information Act, 2005. The Court examined Section 15(4) of the Act, which states that the State Chief Information Commissioner shall exercise such powers and discharge such functions as may be prescribed. The Court noted that the Maharashtra Right to Information Rules, 2009, particularly Rule 10, prescribe that the State Chief Information Commissioner may transfer a State Information Commissioner from one place to another. The Court held that the power to transfer is inherent in the power to appoint and control, and Section 15(4) read with Rule 10 clearly empowers the State Chief Information Commissioner to transfer. The Court dismissed the PIL, upholding the transfer order.
Headnote
A) Right to Information - Transfer of State Information Commissioners - Section 15(4) of the Right to Information Act, 2005 - The issue was whether the State Chief Information Commissioner has the power to transfer State Information Commissioners. The Court held that Section 15(4) empowers the State Chief Information Commissioner to transfer State Information Commissioners from one place to another, as the provision uses the word 'transfer' and the power to transfer is incidental to the power to appoint and control. (Paras 2, 10-15)
Issue of Consideration
Whether the State Chief Information Commissioner has the power to transfer the State Information Commissioners from one place to another by exercising power vested under Section 15(4) of the Right to Information Act, 2005.
Final Decision
The Court dismissed the PIL, holding that the State Chief Information Commissioner has the power to transfer State Information Commissioners under Section 15(4) of the Right to Information Act, 2005 read with Rule 10 of the Maharashtra Right to Information Rules, 2009.
Law Points
- Interpretation of Section 15(4) of the Right to Information Act
- 2005
- Transfer of State Information Commissioners
- Power of State Chief Information Commissioner
Case Details
PUBLIC INTEREST LITIGATION NO.248 OF 2014
V. M. Kanade, Mrs. Swapna S. Joshi
Mr. Rahul S. Kadam for the Petitioners, Mr. S.K. Nair a/w Mr. Suresh Kabra i/b S.K. Nair & Co. for Respondent No.2, Mr. Vishal Thadani, Assistant Government Pleader for the State
Mr. Vijay Krishna Kumbhar
The State of Maharashtra, The Chief Information Commissioner of Maharashtra, Shri Ravindra Jadhav, Principal Secretary, General Administration Dept.
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Nature of Litigation
Public Interest Litigation challenging the transfer of a State Information Commissioner.
Remedy Sought
Petitioner sought to quash the transfer order dated 02/07/2014 transferring Respondent No.3 from Amravati to Pune.
Filing Reason
Petitioner, a public activist and RTI activist, alleged that the State Chief Information Commissioner had no power to transfer a State Information Commissioner under the RTI Act.
Issues
Whether the State Chief Information Commissioner has the power to transfer State Information Commissioners under Section 15(4) of the Right to Information Act, 2005.
Submissions/Arguments
Petitioner argued that Section 15(4) does not confer power to transfer, and that transfer is not a function prescribed under the Act.
Respondents argued that Section 15(4) read with Rule 10 of the Maharashtra Right to Information Rules, 2009 empowers the State Chief Information Commissioner to transfer.
Ratio Decidendi
The power to transfer is incidental to the power to appoint and control. Section 15(4) of the RTI Act read with Rule 10 of the Maharashtra Rules clearly empowers the State Chief Information Commissioner to transfer State Information Commissioners from one place to another.
Judgment Excerpts
An interesting question of law falls for consideration before this Court in this PIL and the question is: whether the State Chief Information Commissioner has a power to transfer the State Information Commissioners from one place to another by exercising power vested in him under Section 15(4) of the Right to Information Act, 2005.
Section 15(4) of the said Act empowers the State Chief Information Commissioner to exercise such powers and discharge such functions as may be prescribed.
Rule 10 of the Maharashtra Right to Information Rules, 2009 prescribes that the State Chief Information Commissioner may transfer a State Information Commissioner from one place to another.
Procedural History
The PIL was filed in 2014 challenging the transfer order dated 02/07/2014. The Court heard arguments and delivered judgment on 03/10/2016.
Acts & Sections
- Right to Information Act, 2005: Section 15(3), Section 15(4)
- Maharashtra Right to Information Rules, 2009: Rule 10
