RANJAN GOGOI, J. - (1.) HEARD Shri Arora, appearing in person, Shri A.R. Talwar, Principal Secretary to Government of Punjab, Department of Information & Technology and Shri A.S. Grewal, Addl. Advocate General, Punjab.
(2.) WITH the consent of the parties and in view of the issues involved, the Court has considered it appropriate to dispose of this Public Interest Litigation at this stage. The petitioner seeks the Court's interference for framing of Rules under Section 27 of the Right to Information Act, 2005 (for short 'the Act') to regulate the filling up of vacant posts of State Information Commissioners in the State of Punjab. According to the petitioner, the persons who are to fill up such posts are hand picked and consequently deserving persons are left out of the zone of consideration thereby harming public interest. The petitioner has impleaded the respondents No. 3 and 4 who are presently working as State Information Commissioners so as to illustrate the arguments advanced. Respondents No. 3 and 4, according to the petitioner, have been so appointed by a process of pick and choose and not by an open and transparent process in which all the willing and eligible persons were informed of the availability of the vacancies in question. It is in the aforesaid broad premise that the petitioner contends that framing of Rules containing well laid down norms will ensure certainty in public appointments and participation of able, eligible, qualified and eminent persons in the Commission.
(3.) HAVING regard to the importance of the issue and also for the reasons outlined in our previous order dated 04.01.2012 we have thought it appropriate to require the presence of the Principal Secretary of the Department of Information & Technology in Court today. The Principal Secretary, Shri Talwar, has responded well to the request of the Court and has offered abundant assistance to the Court in the matter.So has the Addl.Advocate General, Punjab, Shri Grewal.;