Stay on suspension of UP CIC lifted

The apex bench disagreed with senior advocate Mukul Rohtagi, appearing for Khan, who said the CIC’s post was quasi-judicial in nature like that of the Lokayukta. “In fact most of such appointments in the country are political appointments,” remarked the judges.

Khan was placed under suspension by the Uttar Pradesh Government on July 9. The order suspending him was referred to the apex court by the Governor.

On August 29, the apex court gave six weeks to the Chief Information Commissioner on a reference from the state Government, accusing him of official misconduct and committing irregularities in appointments in his office.

The reference by the Governor said he was satisfied that a prima facie case existed for an inquiry into the allegation that the State Chief Information Commissioner had made appointments on various Class 3 and Class 4 posts of the Commission without following the prescribed procedure in flagrant violation of reservation rules. “Such a grossly irregular and arbitrary act is not expected from a statutory functionary of the level of State Chief Information Commission and this constitutes misbehaviour within the meaning under Section 17 of the RTI Act,” the first charge against Khan said.