RTI activist, Mumbai-based Girish Mittal on Monday sent a legal notice to Prime Minister Manmohan Singh in this regard and has attached a legal advice given by Law Ministry to the Department of Personnel and Training on the process to be adapted at the time of Information Commissioners demitting their office.
“He (Habibullah) continues in office, presumably on the ground that the President of India has not yet accepted his resignation...this position is not tenable in law as the DoPT, in the case of 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 Wajahat Habibullah,” the notice reads.
In the case of former Information Commissioner Omita Paul, DoPT after seeking advice of Law Ministry has suggested the Prime Minister to recommend to the President the acceptance of her resignation with immediate effect, the documents provided by DoPT in an RTI reply said.
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