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Patna,(BiharTimes): A division bench of Patna High Court comprising Chief Justice Rekha Manharlal Doshit and Justice Jyoti Saran on Tuesday admitted a PIL challenging the appointment of Ashok Kumar Chaudhary as the state’s Chief Information Commissioner (CIC) and issued a notice to him. Chaudhary had served both as the chief secretary and then the chairman of the Bihar Public Service Commission.

The bench admitted the PIL of secretary of Patna Nagrik Parishad, Arvind Kumar Sinha, for hearing. The PIL alleged that Chaudhary’s appointment was a violation of the Constitutional provisions.

According to the petitioner’s counsel Ravindra Giriyaghey under the provisions of Article 319(B) of the Constitution, a person having once held the post of the chairman of a public service commission cannot be appointed by the government in any organisation functioning under the government.

However, advocate general P K Shahi submitted that the State Information Commission is an independent and autonomous body and not a body of the government. Hence, the provisions of Article 319(B) are not applicable to the appointment of CIC of the State Information Commission.

He further said the CIC is appointed by the governor on the recommendation of a three-member committee of which the chief minister and the leader of the opposition are the members.

Hence, the appointment of Chaudhary, made by the governor on the recommendation of the committee, cannot be said to be an appointment made by the state government.

The bench directed the counsel of the petitioner to remove the names of the governor and the chief minister as respondents from the PIL when the advocate general submitted that it was not necessary as the chief secretary of the government and the CIC are already respondents in the case.

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