Amid ongoing controversy surrounding the appointments for the State Information Commission in Goa, Right to Information (RTI) activist and lawyer Aires Rodrigues on Sunday urged the President of India Pranab Mukherjee not to accept the resignation of Leena Mehendale as a member of the Central Administrative Tribunal (CAT).
Ms. Mehendale, who on September 6 was appointed as Goa’s Chief Information Commissioner (CIC), is currently a member of the Bombay Bench of the Central Administrative Tribunal.
As per Section 9 of the Administrative Tribunals Act 1985, a member of the CAT has to resign by giving three months’ notice. The President of India can, however, either permit the member to relinquish office sooner or continue to hold office until the expiry of three months from the date of receipt of resignation or until a duly appointed successor enters office or also until the expiry of the member’s term of office.
Ms. Mehendale’s term as member of the CAT expires on January 30, 2015, said the RTI activist who has simultaneously challenged her appointment by Goa government as CIC in Bombay High Court at Goa last week.
In his letter faxed to the Rashtrapati Bhavan on Sunday, Advocate Rodrigues has contended that Ms. Mehendale had not sought the permission of the Chairman of the CAT before applying for the post of CIC of Goa and had also not routed her application through proper channel.
In his petition filed under Article 226 of the Constitution, Adv. Rodrigues has submitted that the entire process of selection and appointment of Ms. Mehendale was not in accordance with law. He has sought directions to revoke the appointment and pleaded that pending the hearing and final disposal of his petition she be restrained from taking charge or functioning as the CIC.
The hearing of the petition by Adv. Rodrigues challenging Goa government’s appointment of Ms. Mehendale as the CIC has been fixed on September 17 at the Bombay High Court at Goa.
Activist pleads that pending the hearing of his petition Leena Mehendale should be restrained from taking charge as