R.P. (C) No. 2309 of 2012 in W.P. (C) 210/2012 and R.P. (C) No. 2675/2012 in W.P. (C) No. 210/2012 and SLP(C) No. 27347/2012. Case: Union of India (UOI) Vs Namit Sharma. Supreme Court

Case NumberR.P. (C) No. 2309 of 2012 in W.P. (C) 210/2012 and R.P. (C) No. 2675/2012 in W.P. (C) No. 210/2012 and SLP(C) No. 27347/2012
Party NameUnion of India (UOI) Vs Namit Sharma
JudgesA.K. Patnaik and Arjan Kumar Sikri, JJ.
IssueCode of Civil Procedure
Citation2013 (5) SCALE 736, 2013 (10) SCC 389
Judgement DateApril 16, 2013
CourtSupreme Court

Order:

I.A. No. 6 in R.P. (C) No. 2309 of 2012

  1. This is an application for stay of the operation of the judgment dated 13th September, 2012 passed in Writ Petition (C) No. 210 of 2012 titled Namit Sharma v. Union of India reported as 2013 (1) SCC 745 during the pendency of the Review Petition (C) No. 2309 of 2012 titled Union of India v. Namit Sharma. We have heard learned Counsel for the parties and we are not inclined to stay the operation of the entire judgment in Namit Sharma v. Union of India but we direct that the following directions in sub-paras 108.8 and 108.9 quoted here-in-below shall remain stayed during the pendency of the Review Petition (C) No. 2309 of 2012.

    108.8 The Information Commissions at the respective levels shall henceforth work in Benches of two members each. One of them being a 'judicial member', while the other an 'expert member'. The judicial member should be a person possessing a degree in law, having a judicially trained mind and experience in performing judicial functions. A law officer or a lawyer may also be eligible provided he is a person who has practiced law at least for a period of twenty years as on the date of the advertisement. Such lawyer should also have experience in social work. We are of the considered view that the competent authority should prefer a person who is or has been a Judge of the High Court for appointment as Information Commissioners. Chief Information Commissioner at the Centre or State level shall only be a person who is or has been a Chief Justice of the High Court or a Judge of the Supreme Court of India.

    108.9 The appointment of the judicial members to any of these posts shall be made 'in consultation' with the Chief Justice of India and Chief Justices of the High...

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