69. Cases pending in the court of law:-
(1) The cases filed in a Court of Law in which Commission is imp leaded as a party shall be
contested with due care and diligence. The Legal Section of the Secretariat shall prepare parawise
comments of the Writ Petition or the Plaint in a Civil Suit, as the case may be, based on records and
obtain the approval of the Chairman before these comments are forwarded to the counsel. Secretary
shall affirm affidavits and file replies in the Court.
(2) A counsel of appropriate standing shall be retained by the Commission to represent the
Commission in the Court of Law. Necessary Retainer Fee and other Fees of the Counsel shall be
settled as per the rates mutually agreed upon between the Commission and the counsel. The
Commission may engage more than one counsel if the Commission finds it necessary to do so.
70. Weeding out of records.-
. (1) Office records shall be weeded periodically in accordance with the provisions laid down
in rule 227 of the Sikkim Financial Rules, 1979.
(2) Records which are not mentioned in the above mentioned rule shall be weeded out
after the expiry of the period indicated in ANNEXURE VII. The Commission may. whenever it finds it
essential, direct retention of any of the records included in the Annexure II for more than the maximum
period prescribed therein.
(3) Under Secretary in the Establishment Section of the Secretariat shall take up the weeding
out process in the month of April every year and weed out the records after taking approval of the
(3) A complete detail of the records destroyed after expiry of the period of retention shall
be maintained by the Under Secretary and the said record shall be retained permanently.
71. Application under Right to Information Act.-
(1) The Sikkim Public Service Commission, having been constituted under the Constitution,·
is a Public Authority for the purpose of the Right to Information Act, 2005.
(2) The Chairman shall appoint an officer of the Commission as Assistant Public Information
Officer, Public Information Officer and Appellate Authority under the relevant provisions of the Right
to Information Act, 2005 and Rules made there under.
(3) Such officers shall deal with application made under the provisions of the Right to
Information Act, 2005 and Rules made there under in accordance with the provisions of the said Act