A legal notice has today been served on the Chief Secretary of Goademanding that the patently illegal and very high-handed selection of Sandesh Prabhudesai for the post of State Information Commissioner (SIC) be revoked.
It has been made very clear in the notice that if the Government does not revoke the selection of Sandesh Prabhudesai by 10 am on Aug 12 the High Court would have to be moved for appropriate orders. A copy of the legal notice has been sent to the Goa Governor Mr. B.V.Wanchoo and the Chief Minister Mr. Manohar Parrikar. The selection of Sandesh Prabhudesai and his appointment if made would be unconstitutional, illegal & void and various various reasons have been given why the selection needs to be revoked. Sandesh Prabhudesai does not have the qualifications required for the post of State Information Commissioner which is a post of a judicial tribunal performing functions of judicial as well as quasi judicial nature while having the trappings of a Court. This has been upheld by Supreme Court of India. The Goa State Information Commission by a Government notification dated 2nd March 2006, stands notified as comprising on Chief Information Commissioner (CIC) and one State Information Commissioner (SIC) only. Any post of an extra State Information Commissioner has to be duly notified after following the due process of law. The advertisement issued by the Goa Government on 4th May 2013 being for the post of Chief Information Commissioner and only one State Information Commissioner, the government cannot now travel beyond in trying to high handedly appoint one extra SIC with ulterior motives. The Supreme Court in various judgments has repeatedly held that if the advertisement was for one post more than one appointment cannot be made. This whole out of the way dubious exercise by the government was an attempt to illegally appoint an extra State Information Commissioner solely to accommodate Sandesh Prabhudesai. Sandesh Prabhudesai has himself not even applied for the post and his recommendation letter with the bio data sent in by Dr Oscar Rebello is surprisingly silent on Sandesh Prabhudesai’s educational qualification. The government intentionally and malafiedly considered and selected. Sandesh Prabhudesai for the very high position of State Information Commissioner without even knowing his educational qualification which is fundamental to any bio-data and without conducting a back ground check to verify the contents of Sandesh Prabhudesai’s bio data as submitted by Dr. Oscar Rebello. The Government has to function in accordance with the frame work of law and cannot be flouting the same as is seen in the manner in which the government has proceeded in illegally trying to appoint an extra State Information Commissioner solely to house the politically well connected Sandesh Prabhudesai. An extra Information Commissioner can only be appointed after following the due process of law. Meanwhile in the interest of justice and fair play the Government as advertised has to appoint a Chief Information Commissioner and only one State Information Commissioner. Aires Rodrigues T1 - B30, Ribandar Retreat Ribandar - Goa - 403006 Mobile: 9822684372
