Patna High Court. Telegraph picture

Patna, Jan. 7: Patna High Court today issued notices to the state’s chief information commissioner (CIC) Ashok Kumar Choudhary on a petition challenging his appointment to the post on the ground that the appointment was in violation of the provisions of Constitution of India.

A division bench comprising Justice Shiva Kirti Singh and Justice Ravi Ranjan directed Choudhary and the state government to file their replies to the petition filed by one Iqbal Haider, seeking Choudhary’s removal from the post.

Appearing for the petitioner, advocate Dinu Kumar contended that the appointment of Choudhary as CIC has been made totally in violation of Article 319 (b) of the Constitution which says that any person who has held the post of chairman or member of any state public service commission or union public service commission cannot be appointed on a post either in the state or in the Central government.

Choudhary, a former state chief secretary, has already served as the chairman of Bihar Public Service Commission and was appointed as CIC on October 19, 2009.

The court wanted to know from the petitioner as to how the post of CIC comes under the state government domain.

Citing various sections of Right to Information Act (RTI), Kumar submitted that provisions under these sections clearly laid down the procedure with regard to the appointment of chief information commissioner.

He further said that any person whose appointment, removal or salary payments are done by the state government come under its purview.

Moreover, Choudhary’s integrity has been doubtful as the high court had passed strictures against him in the year 2009 and he had also been in the midst of controversy for getting his relatives admitted into MBBS courses, he added.