Cancelled appointment of Information Commissioners: Govt to HC

Tamil Nadu government today told the Madras High Court that it issued on March 9 this year cancelling an order issued on March 1, 2011 appointing P A Ramaiah, a retired IAS officer, C Manoharan and Arumuga Nainar as Information Commissioners.
This was stated by Advocate General A L Somayaji after submitting a copy of the latest Government Order cancelling their appointments.
Manoharan and Arumuga Nainar had filed petitons seeking to direct the Chief Secretary and the Secretary, Personnel Administration to take immediate action in pursuance of the 2011 Government Order so as to enable them to assume charge as State Information Commissioners.

The three had not taken oath and assumed office as there were objections from the then opposition party that they were not consulted before the appointments.
The first bench, comprising Chief Justice Sanjay Kishan Kaul and Justice M M Sundresh, after the recording of submission, said the latest Government Order stated that "on examination of the matter, a decision has been taken by the government to withdraw the GO dated March 1, 2011 by a further GO dated March 9, 2015.
"The earlier orders were issued on the date of issue of Election Commission Notification for Tamil Nadu assembly in a hurried manner without a proper consultative process with the leader of the opposition."

"A meeting was convened hurriedly on March 1, 2011 to fill the vacancies with the full knowledge that election notification was imminent."
The leader of opposition requested for a postponement of selection meeting pointing out that electoral process was likely to be under way and this was brushed aside, thereby giving no importance to statutory process of consultation and decision-making and views of leader of opposition who is one among the three-member body.
"Thus this writ petition seeking enforcement of the earlier government order has become invalid. We may add that if petitioners are desirous of assailing the new GO, they are at liberty to do so in accordance with law.", the judges said.