CIC appointed prior to RTI Act amendment of 2019 entitled to pensionary benefits equivalent to that of retired Supreme Court judge, rules Kerala high court
Kochi: High court has directed the state govt to grant former state
chief information commissioner
(SCIC)
Vinson M Paul
, pension benefits equivalent to those of a retired Supreme Court judge or Election Commissioner.The order was issued by a bench of Justice Harishankar V Menon on a petition filed by Paul challenging the state's decision denying him pensionary benefits on par with a retired Supreme Court judge or an Election Commissioner.
The bench also quashed the communication issued by general administration department principal secretary and the govt order dated May 29, 2014, which had fixed the service and pension benefits for state information commissioners.Paul, a retired IPS officer who was appointed as SCIC in 2016 and demitted office in 2020 upon attaining the age of 65 years, claimed pensionary benefits in accordance with Section 16 of the
Right to Information Act
, 2005.
He contended that these benefits should be equivalent to those of a retired Supreme Court judge or an Election Commissioner. The govt responded that it was not in a position to consider his claim, stating that he was only entitled to the benefits specified in the 2014 govt order. It also pointed out that the RTI Act was amended in 2019, and as per the amendment, the salaries, allowances and other terms and conditions of service of the state chief information commissioner and state information commissioners shall be prescribed by the central govt.Upon reviewing the records, the single bench observed that although the RTI Act was amended in 2019, it explicitly stated that appointments made before the amendment would not be affected.
HC further held that the 2014 govt order relating to the service and benefits of state information commissioners must be set aside, as it seeks to depart from the statutory provisions. The court emphasised that no govt order, notification, or circular can substitute statutory rules framed under the authority of law.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
The Hindu
2 hours ago
- The Hindu
Phone tapping: Prime accused Prabhakar Rao lands in Hyderabad, expected to appear for questioning today
Former Special Investigation Bureau (SIB) chief T. Prabhakar Rao, who is prime accused in the phone tapping case, anded in Hyderabad from the USA on Sunday night, and he is expected to appear before the West Zone police in Hyderabad on Monday for questioning. An official close to the investigation confirmed that Mr Rao landed in Hyderabad after the Supreme Court granted him protection from arrest, ordering the accused to appear before the investigating officer within three days of receiving the passport/travel documents. This comes after Mr Rao's passport was revoked by the Indian authorities and a Red Corner Notice was issued against him due to his prolonged absence for interrogation in the phone tapping case. Mr Rao has been citing ill health to stay in the US after the case was registered by Punjagutta police of Telangana more than a year ago. The phone tapping scandal surfaced after former Special Intelligence Branch (SIB) DSP Praneeth Rao was arrested on March 13, 2024. Panjagutta police detained him from his residence in Rajanna-Sircilla district, following a complaint by his superior, Additional SP D. Ramesh, who alleged that Rao had unlawfully intercepted the phone calls of several high-profile political leaders and officials.
Hans India
2 hours ago
- Hans India
Telangana phone tapping case: Former SIB chief returns from US
Telangana's former Special Intelligence Bureau (SIB) chief T. Prabhakar Rao, a key accused in the phone tapping case, returned from the United States on Sunday. He is likely to appear before the Special Investigation Team (SIT) on Monday as per the undertaking given to the Supreme Court. The retired Indian Police Service (IPS) officer, who has been in the United States for 14 months, returned to India as directed recently by the apex court. He recently gave an undertaking to the Supreme Court that he will return to India soon after receiving emergency travel documents and cooperate with the investigation. The SIT hopes to make progress in the case relating to the alleged tapping of phones of politicians, businessmen, journalists and even judges under the previous government of Bharat Rashtra Samithi (BRS). The Supreme Court on May 29 ordered the authorities to return the passport to Prabhakar Rao to enable him to return to India. The apex court had also directed Prabhakar Rao to give an affidavit of undertaking that, within three days of the receipt of the passport/travel document, he will return to India. A bench of Justices B.V. Nagarathna and Satish Chandra Sharma had passed the order on a petition by Prabhakar Rao, challenging the Telangana High Court order dismissing his petition for anticipatory bail. The bench also barred police from taking any coercive step against him till further orders. Prabhakar Rao's counsel had submitted to the court that he had to apply for special permission to return to India. The court was told that he had gone to the US when the First Information Report (FIR) was registered against him. The retired IPS officer was subsequently declared an absconder, and his passport was also revoked. Stating that Prabhakar Rao has been hounded by the present government in Telangana, the lawyer also brought to the court's notice that a red-corner notice has been issued against him. The Nampally criminal court in Hyderabad last month issued proclamation orders against Prabhakar Rao for evading proceedings for over a year. Prabhakar Rao, who was heading the SIB when the BRS was in power, was declared an absconder by the SIT probing the case. He had allegedly constituted a team within SIB with his trusted aides, including Praneeth Rao, for surveillance of rival political leaders, their families and dissidents within the ruling party, businessmen, journalists and even judges. The allegations under the previous government of the BRS came to light in March last year with the arrest of Deputy Superintendent of Police Praneeth Rao following a complaint from his superior, Additional SP D. Ramesh, with the SIB. The police have so far named six accused in the case - Praneeth Rao, Additional SPs Thirupathanna and Bhujanga Rao and former DCP P. Radha Kishan Rao.
The Hindu
4 hours ago
- The Hindu
High Court reiterates creation of ‘leaders parks' for installation of statues instead of public places
The Madurai Bench of the Madras High Court has reiterated the creation of 'leaders parks' across Tamil Nadu for installation of new statues and relocation of existing statues for which permission was already granted. A Division Bench of Justices S.M. Subramaniam and A.D. Maria Clete observed that instead of installing statues of leaders in public places, the court had elaborately considered the issue and directed the government to identify lands for creation of the required number of 'leaders parks' across the State. Accordingly, permissions have already been granted and statues are to be relocated in the 'leaders parks'. The formation of 'leaders parks' would be of much benefit to youth as they can learn about the ideas and ideologies of the leaders. Instead of making concrete efforts for the formation of 'leaders parks', the government cannot issue orders granting permission to install statues in public places, the court observed. On account of heavy traffic congestion and other mitigating factors, the general public are put to hardship in the event of granting such permission to install statues in public places. The rights of citizens in all respects guaranteed under the Constitution are to be protected by the State, the court observed. The Supreme Court had passed an order directing no further installation of statue or construction of any structure on public roads, pavements, sideways and other public utility places are to be permitted. A Division Bench of Madras High Court also passed orders. When the Supreme Court passed an order not to grant permission to install statues in public places, the State government cannot pass orders granting such permission, the court observed. The court was hearing a petition filed by Palsamy of Tirunelveli district who had sought a direction to restrain the authorities from installing a bronze statue and name board of the former Chief Minister M. Karunanidhi near the entrance of Valliyoor daily vegetable market in Valliyoor in Tirunelveli district. The State submitted that instruction had been issued to the Collector not to install the statue of the former Chief Minister and action will be taken to withdraw the G.O. issued. The court posted the matter for reporting compliance on July 16.
