Rajendra Singh, aged 56, was appointed on 1st July 2018 as Information Commissioner by the Central Government for a period of 5 years. On 1st July 2020, he was promoted and appointed as Chief Information Commissioner for
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2023
Rajendra Singh, aged 56, was appointed on 1st July 2018 as Information Commissioner by the Central Government for a period of 5 years. On 1st July 2020, he was promoted and appointed as Chief Information Commissioner for 5 years. Discuss the validity of appointment as Chief Information Commissioner under The Right to Information Act, 2005.
Answer & Explanation:
Section 13 of the Right to Information Act, 2005 (the Act) deals with terms of office and conditions of service of Central Information Commission. According to Section 13 (1) of the Act, the Chief Information Commissioner shall hold office for such term as may be prescribed by the Central Government and shall not be eligible for reappointment. However, no Chief Information Commissioner shall hold office as such after he has attained the age of sixty-five years. According to Section 13 (2) of the Act, every Information Commissioner shall hold office for such term as may be prescribed by the Central Government or till he attains the age of sixty-five years, whichever is earlier, and shall not be eligible for reappointment as such Information Commissioner. Provided that every Information Commissioner shall, on vacating his office under this sub-section be eligible for his appointment as the Chief Information Commissioner. Provided further that where the Information Commissioner is appointed as the Chief Information Commissioner, his term of office shall not be more than five years in aggregate as the Information Commissioner and the Chief Information Commissioner. In the given situation, Rajendra Singh was appointed as Information Commissioner on 1 st July, 2018 and was promoted as appointed as Chief Information Commissioner on 1 st July, 2020. Therefore, although Rajendra Singh can be validly appointed as Chief Information Commissioner but he cannot hold office of Chief Information Commissioner after 30 th June 2023, because his term of office shall not be more than five years in aggregate as the Information Commissioner and the Chief Information Commissioner.
Topics: General Laws
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