Even before the Right to Information Act has come into force, the very first—and so far the only—appointment made under it has provoked a controversy.Karnataka is the first state to have appointed its chief information commissioner as part of the independent appellate machinery that is required to be in place by October 12 in the states as well as the Centre.But questions are being raised on the appointment of the commissioner by the Dharam Singh government: K K Misra was appointed on July 30 immediately after his retirement as chief secretary.A local NGO, Ella Kannada Vedike International (E-KAVI), called upon the Governor to suspend Misra immediately and initiate the process of his removal from office.Reason: Barely four months ago, Karnataka High Court passed strictures on Misra in the PIL related to the Rs 2,250 crore Bangalore-Mysore Infrastructure Corridor Project.The irony is, in its judgment delivered on May 3, the High Court directed that a complaint of perjury be filed against Misra for ‘‘knowingly withholding important facts and documents from the Hon’ble High Court of Karnataka and making false statements in the affidavits filed.”E-KAVI alleged that a person who ‘‘lies’’ to the High Court ‘‘cannot be called a person of eminence in public life’’ as envisaged by the RTI Act as a qualification for the post.Misra said: ‘‘I didn’t know these issues had been raised. I would like to comment only after seeing the representation.’’Misra could well say in his defence that, within 10 days of the High Court verdict, the Supreme Court passed a stay on his prosecution. The appeal filed by Misra is still pending before the apex court.The NGO also questioned the wisdom of appointing a recently retired chief secretary as chief information commissioner. Since the information sought could relate to the period when he was himself chief secretary, Misra cannot be, it said, ‘‘considered independent enough to be the final appellate authority’’ under the RTI Act.
