A Division bench of the Bombay High Court at Goa comprising of Justice N.H.Patil and Justice U.V.Bakre has today directed that notice be issued to the Goa Government on the petition challenging Goa Government’s appointment of Leena Mehendale as the Chief Information Commissioner (CIC). Directing the Goa Government to file its reply to the petition the Court has adjourned the hearing by two weeks.
The entire selection process and appointment of Leena Mehendale as CIC is illegal and not in accordance with law. The appointment of Leena Mehendale is not as per the directives of the Supreme Court nor is it in consonance with the Right to Information Act. The Court’s attention has been drawn that Leena Mehendale had falsely stated in her bio data that she had a Law degree from Bombay University. She had also not routed her application through the Chairman of the Central Administrative Tribunal of which she is currently a member at the Bombay Bench. Besides, Leena Mehendale could not have been considered for the post of CIC in view of the Goa Official language Act which mandates knowledge of Konkani which she does not have. The selection and appointment of Leena Mehendale has been made in utter violation of the directions issued by the Supreme Court which has mandated to adopt a fair and transparent method of recommending names for appointment to the post of CIC. In the selection of Leena Mehendale the selection committee has breached its obligation as stipulated by the Supreme Court by failing to indicate details of her alleged eminence in public life and her alleged knowledge and experience in the particular field, whilst recommending her name to the Governor for appointment as Chief Information Commissioner. The high handed selection and appointment of Leena Mehendale to the post of CIC is arbitrary, contrary to all norms, rules and directions considering that there were other candidates who possessed the needed qualification, legal knowledge and experience. The selection of Leena Mehendale discloses non application of mind and is entirely capricious, made without any rational basis and lacking in transparency. Aires Rodrigues T1 - B30, Ribandar Retreat Ribandar - Goa - 403006 Mobile: 9822684372
