Court Orders State Government to Expedite Appointments and Restore Functionality within Four Weeks
In a significant ruling, the Jharkhand High Court has directed the State Government to urgently address the prolonged non-functionality of the State Information Commission. The Commission, which has been defunct since 2020, is expected to be operational within four weeks following the Court's order.
The Division Bench comprising Justice Sujit Narayan Prasad and Justice Arun Kumar Rai issued this directive while hearing an appeal by Birendar Singh against the State of Jharkhand. The Court emphasized the necessity of making the State Information Commission functional, underscoring the importance of transparency and accountability in governance.
During the proceedings, Mr. Avinash Kumar, the Chief Secretary of Jharkhand, and Mr. Prawin Kumar Toppo, Secretary of Personnel, Administrative Reforms and Rajbhasha Department, appeared before the Court. The Chief Secretary submitted an affidavit stating that the appointment process for the Chairman and Members of the Commission was in its final stages, promising functionality within four weeks.
The Court expressed concern over the use of the term "expected" in the affidavit, prompting Advocate General Mr. Rajiv Ranjan to assure the Court of the State's sincere efforts to adhere to the timeline. The Court adjourned the matter for further review on February 27, 2026, to monitor compliance with its directive.
This judgment marks a crucial step in restoring the operational capacity of the State Information Commission, which plays a pivotal role in ensuring citizens' access to information under the Right to Information Act, 2005. The Court's intervention aims to expedite the process, reinforcing the importance of the Commission in promoting transparency and accountability within the State Government.
Bottom Line:
Directions given to the State Government to make the State Information Commission functional, which has been non-functional since 2020, within a specified timeline.
Statutory provision(s): Right to Information Act, 2005
Birendar Singh v. State of Jharkhand, (Jharkhand)(DB) : Law Finder Doc id # 2848497
