V.Gopalakrishnan v. Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.06.2016
CORAM
The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN W.P.No19888 of 2013 V.Gopalakrishnan .. Petitioner -vs1.Secretary to Government, P & AR Department, Fort St. George, Chennai-9.
2.B.Neelambikai .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorari calling for the records and quashment of impugned GO Ms 136 dated 31.8.2012 issued by the 1st respondent appointing the 2nd respondent as State Information Commissioner as ultra vires Article 319 of the Constitution. For Petitioner : Ms.T.Sundaravadanam For Respondents : Mr.AL.Somayaji Advocate General assisted by Mr.STS.Moorthy Govt. Pleader for R1 Mr.R.Muthukumarasamy Senior Counsel for Mr.A.Jenasenan for R2 * * * * *
ORDER
(Order of the Court was made by The Hon'ble Chief Justice) The petitioner seeks to question the appointment of the second respondent as State Information Commissioner on the ground that such an appointment is ultra vires Article 319 of the Constitution of India because the person was holding the post of a Member of the Tamil Nadu Public Service Commission.
2. The learned Advocate General rightly states that this issue is covered against the petitioner in view of the judgment of this Court in Philip Thomas and another v. The Government of Tamil Nadu, https://hcservices.ecourts.gov.in/hcservices/
rep. by the Home Secretary, Secretariat, Chennai-600 009 and 2 others, reported in 2002 (1) CTC 165, wherein it was opined as under:- "9. In view of what is stated supra, we hold that holding of office of a Member of the State Commission by the second respondent and discharging the functions attached thereto as mentioned in the Human Rights Act, cannot be construed to be under the employment of the State Government and as such, he is entitled to continue to function as Member of the State Commission in accordance with his appointment. The writ petitions are, therefore, dismissed. No costs. Consequently, W.M.Ps. are closed."
3. The writ petition is accordingly dismissed. No costs. Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar To 1.The Secretary to Government, P & AR Department, Fort St. George, Chennai-9.
+1 cc to Mr.A.Jenasenan, Advocate,SR.36371 +1 cc to Mr.T.Sundaravadanan, Advocate,SR.36718 +1 cc to the Government Pleader,SR.36148.
gj(co) krd 18/7 W.P.No19888 of 2013 https://hcservices.ecourts.gov.in/hcservices/