Abdul Rasheed Qureshi

Abdul Rasheed Qureshi

Advocate, Supreme Court of India

R/o.: 145, Supreme Enclave, Mayur Vihar Phase - 1,Delhi - 110091.

Ph. 011-2275 8030; Cell: 92503 05362 ; Email

Legal Notice

04.01.2010

To

1)Dr Manmohan Singh
Hon’ble Prime Minister
Through OSD in the PMO

South Block, New Delhi 110 001.

2)Shri Prithviraj Chauhan,
Minister for Personnel & Public Grievances (DoPT)
Through the Secretary,

Ministry of Personnel & Training,
North Block, New Delhi 110 001.

3)Central Information Commission
Through the Secretary,
August Kranti Bhavan,

Bhikaji Cama Place
New Delhi - 110 066.

LEGAL NOTICE

Sir,

Under instruction from my client(s) Shri Girish Mittal, R/o.1305 Dhruv, Ashok Van, Borivali East, Mumbai 400066 and others, I have to address you as under:

This is with reference to the resignation of Shri Wajahat Habibullah, Chief Central Information Commissioner who tendered his resignation to the President of India on 20thOctober 2009. I am instructed that Shri Wajahat Habibullah’sresignation was widely reported in the newspapers.His intension to resign is also recorded in the minutes of the meeting of Central Information Commission on the same day.However, he continues in office, presumably on the ground that the President of India has not yet accepted his resignation.

I say that this position is not tenable in law as the DoPT, in the case of Smt. Omita Paul, has sought a Legal opinion and also acted on it in a manner which is contrary to that applied in the case of Shri Wajahat Habibullah. For ready reference I am attaching the copies of the documents (3-pages) that determine the stand of the Government of India in dealing with resignations of IC/CIC.

By your own action, and based on the legal advice sought by the Government in reference to Sub-Section (4) of Section 13 of the RTI Act, 2005, you have deemed Smt. Omita Paul’s resignation to have been accepted and relieved her on 26.06.2009, in just 44 days of her assuming charge on 13.05.2009.It is evident that you have drawn legitimacy for the above action from Article 124 and 217 of the Constitution of India and the consequent judgment of the Supreme Court.

I say that as you have sought a legal opinion from your Law Officer and also acted on that legal advice, hence by applying the principle of constructive res-judicata, you are now estopped from taking a position contrary to this.

As per the legal position adopted by Union of India in the case of Smt. Omita Paul, resignation from office of CCIC byShri Wajahat Habibullah became effective the very moment he tendered his resignation on his own volition. His continuation in office from that day onwards is illegal as per the provisions of the Right to Information Act 2005 and specific Articles of Constitution of India relied on by the Government of India. The Union of India cannot now wait for Presidential acceptance of the resignation of CCIC Shri Wajahat Habibullah, nor can it postpone or refuse to accept it. Kindly refer to FTS No. 1303/Adv.Aof Department of Legal Affairs, GOI, dated 5th October, 2009.

I therefore call upon you to:

Firstly, give effect to resignation of Shri Wajahat Habibullah as CCIC retrospectively from the exact date and time that it was tendered to the Secretariat of President of India.

Secondly, recover the salary and other pecuniary benefits given to Shri Wajahat Habibullah in his capacity as CCIC as it is public money.

Thirdly, declare as null and void, all decisions taken and Orders pronounced by him in his capacity as Central Information Commissioner after his tendering resignation.

The aforesaid measures may please be made effective immediately and the undersigned informed of the action taken in this regard, failing which my client(s) shall be constrained to take legal redress through court.

Abdul RasheedQureshi (Advocate)

Enclosures:

1)Letter of Mr Prithviraj Chauhan, MOS, DoPT dated 30/7/2009

2)Legal advice by Deptt. Of Legal Affairs FTS No. 1303/Adv.A