STATE INFORMATION COMMISSION, PUNJAB SCO No. 84-85, Sector 17-C, CHANDIGARH. (www.infocommpunjab.com) Shri S.K. Gupta, Ex-Managing Committee Member (M.S. No.453), 82-H, Sarabha Nagar, Ludhiana. ……………..Complainant. Vs The Public Information Officer, O/o The Deputy Registrar, Cooperative Societies, Gill Road, Ludhiana. The President, Adarsh Colony (First) Cooperative House Building Society, 570, National Road, Ludhiana CC-359 of 2007 Present:- ……………....Respondent None on behalf of the complainant. Shri Balwinder Singh Shhra, Advocate on behalf of the respondent-society alongwith Shri Bikramjit Singh Brar, Assistant Registrar, Cooperative Societies, Ludhiana. ORDER Shri Balwinder Singh Sehra counsel submits a written petition on behalf of Adarsh Colony (First) Cooperative House Building Society, 570, National Road, Ludhiana bearing No.AC-694/11 dated 21.12.2011 stating that all the required information available with the Society has been provided to the appellant through the office of the Assistant Registrar, Cooperative Societies, Ludhiana (West) and that the information furnished has been duly acknowledged by the information-seeker. A hand written application from Shri S.K. Gupta, the present complaint has also been placed on record stating that he has received the information. Therefore he has requested that the present case be closed. The information-seeker however is himself absent. 2. Shri Bikramjit Singh Brar, Assistant Registrar, Cooperative Societies also submits letter No.2511 dated 19.12.2011 stating that the entire information has been furnished and therefore the present case may be closed. 3. Accepting the plea of the respondent-society and of the Assistant Registrar, Cooperative Societies and keeping in view the request of the complainant that the proceedings in the case be closed. I order accordingly and close the case. December 21, 2011 (R.I. Singh) Chief Information Commissioner Punjab STATE INFORMATION COMMISSION, PUNJAB SCO No. 84-85, Sector 17-C, CHANDIGARH. (www.infocommpunjab.com) Shri Gurbind Singh s/o Shri Nirmal Singh, Near Pappu Karyana Store, VPO Hissowal, Tehsil Raikot, District Ludhiana-141422. Vs ……………..Complainant. The Public Information Officer, O/o the Registrar, Science and Technology Entrepreneurs Park (STEP), c/o Guru Nanak Engineering College, Gill Road, Ludhiana-141006. ……………....Respondent CC- 3596 of 2010 Present:- None on behalf of the complainant. None on behalf of the respondent. ORDER None had appeared on the last date of hearing and again today none has appeared. 2. However, a fax message has been received from the Registrar/respondent institute stating that the Hon’ble Punjab and Haryana High Court has stayed the operation of the order passed by the Commission and next date of hearing in the case is 2.3.2012. 3. Accordingly, the proceedings in the present case are adjourned sine-die. The parties to the case may move the Commission for recommencing the proceedings after the matter has been disposed of by the Hon’ble High Court. December 21, 2011 (R.I. Singh) Chief Information Commissioner Punjab STATE INFORMATION COMMISSION, PUNJAB SCO No. 84-85, Sector 17-C, CHANDIGARH. (www.infocommpunjab.com) Shri Raj Kumar s/o Shri Kishori Lal Verma, r/o #8-C, Sarabha Nagar, Ludhiana. -------------Complainant. Vs. The Public Information Officer o/o the General Secretary, Sutlej Club, Rakh Bagh, Ludhiana. -------------Respondent. CC No. 1752 of 2011 Present:- None on behalf of the complainant. Shri K.S. Chawla, Advocate on behalf of the respondent. ORDER The counsel for the respondent submits that LPA No.1299/2011 is pending before the Hon’ble Punjab and Haryana High Court and is now listed for 24.1.2012. 2. To come up on 21.2.2012 at 11.00 A.M. December 21, 2011 (R.I. Singh) Chief Information Commissioner Punjab STATE INFORMATION COMMISSION, PUNJAB SCO No. 84-85, Sector 17-C, CHANDIGARH. (www.infocommpunjab.com) Ms. Balbir Kaur, Lecturer DIET, H.No.57-B, Govt. Colony, Near Normal School, Gurdaspur. -------------Complainant. Vs. The Public Information Officer o/o the District Education Officer (SE), Gurdaspur. -------------Respondent. CC No. 1354 of 2011 Present:- Ms. Balbir Kaur complainant in person. Ms. Manjit Kaur Ghuman, Former Principal, DIET, Gurdaspur on behalf of the respondent. ORDER Ms. Manjit Kaur Ghuman, the then Principal, DIET, Gurdaspur has appeared in person and explained that ACRs in her custody were provided to the information-seeker and that there was no willful denial of the information on her part. She further states that she has been posted in the office of the Director Public Instructions (SE), Punjab, Chandigarh and she is not, in any case, in custody of the record. She, therefore, pleads that notice under Section 20 of the Right to Information Act, 2005 should be withdrawn. 2. The complainant on the other hand submits that though she has received the copies of the ACRs written by Ms. Manjit Kaur Ghuman, she is yet to receive copies of the ACRs for the years 2007-08, 2008-09 and 2009-10. 3. I have heard the parties. It appears that ACRs of the years mentioned above are moving from one office to another in connection with the promotion case of the present information-seeker to the post of Principal. Consequently, the public authority of DIET, Gurdaspur and District Education Officer, Gurdaspur have been passing buck, in response to the orders issued by the Commission. It would therefore be appropriate to issue notice by name to Shri Avtar Chand Sharma, Director Public Instructions (SE), Punjab, Chandigarh to look into the matter and ensure that copies of the ACRs of the years mentioned above are furnished to the complainant by tracing out the record in whichever subordinate office the record may be pending. 4. It is further directed that the Director Public Instructions (SE), Punjab, Chandigarh shall file a written reply in the matter before the next date of hearing which is fixed for 20.2.2012. 5. To come up on 20.2.2012 at 11.00 A.M. December 21, 2011 CC (R.I. Singh) Chief Information Commissioner Punjab . Shri Avtar Chand Sharma, Director Public Instructions (SE), Punjab, Chandigarh STATE INFORMATION COMMISSION, PUNJAB SCO No. 84-85, Sector 17-C, CHANDIGARH. (www.infocommpunjab.com) Shri Surinder Kumar Sharma, Director RTI Awareness Forum T-17/693, Main Bazar, Chowk Katra, Amritsar Vs. . -------------Complainant. The Public Information Officer o/o the Deputy Excise and Taxation Commissioner, Court Road, Amritsar. CC No. 738 Present:- -------------Respondent. of 2011, None on behalf of the appellant. Shri Harminder Bir Singh, Excise and Taxation Commissioner, Tarntaran on behalf of the respondent. ORDER The respondent submits letter No.866 dated 20.12.2011 enclosing a written submission from Shri Surinder Kumar Sharma stating that he has received all the desired information from the respondent. Shri Sharma has requested that proceedings in the present case be closed as the complainant does not want to pursue the case any further. 2. In view of the fact that the information has been furnished to the satisfaction of the information-seeker and the written statement that he does not want to pursue the matter any further and has requested for the closure of the case, the proceedings in the present case are accordingly closed. December 21, 2011 (R.I. Singh) Chief Information Commissioner Punjab STATE INFORMATION COMMISSION, PUNJAB SCO No. 84-85, Sector 17-C, CHANDIGARH. (www.infocommpunjab.com) Shri Surinder Kumar Sharma, Director RTI Awareness Forum T-17/693, Main Bazar, Chowk Katra, Amritsar Vs. . -------------Complainant. The Public Information Officer o/o the Deputy Excise and Taxation Commissioner, Court Road, Amritsar. CC No. 756 Present:- -------------Respondent. of 2011, None on behalf of the appellant. Shri Harminder Bir Singh, Excise and Taxation Commissioner, Tarntaran on behalf of the respondent. ORDER The respondent submits letter No.868 dated 20.12.2011 enclosing a written submission from Shri Surinder Kumar Sharma stating that he has received all the desired information from the respondent. Shri Sharma has requested that proceedings in the present case be closed as the complainant does not want to pursue the case any further. 2. In view of the fact that the information has been furnished to the satisfaction of the information-seeker and his written statement that he does not want to pursue the matter any further and has requested for the closure of the case, the proceedings in the present case are accordingly closed. December 21, 2011 (R.I. Singh) Chief Information Commissioner Punjab STATE INFORMATION COMMISSION, PUNJAB SCO No. 84-85, Sector 17-C, CHANDIGARH. (www.infocommpunjab.com) Shri Surinder Kumar Sharma, Director RTI Awareness Forum T-17/693, Main Bazar, Chowk Katra, Amritsar . -------------Complainant. Vs. The Public Information Officer o/o the Deputy Excise and Taxation Commissioner, Court Road, Amritsar. CC No. 759 Present:- -------------Respondent. of 2011, None on behalf of the appellant. Shri Harminder Bir Singh, Excise and Taxation Commissioner, Tarntaran on behalf of the respondent. ORDER The respondent submits letter No.867 dated 20.12.2011 enclosing a written submission from Shri Surinder Kumar Sharma stating that he has received all the desired information from the respondent. Shri Sharma has requested that proceedings in the present case be closed as the complainant does not want to pursue the case any further. 2. In view of the fact that the information has been furnished to the satisfaction of the information-seeker and written statement that he does not want to pursue the matter any further and has requested for the closure of the case, the proceedings in the present case are accordingly closed. December 21, 2011 (R.I. Singh) Chief Information Commissioner Punjab STATE INFORMATION COMMISSION, PUNJAB SCO No. 84-85, Sector 17-C, CHANDIGARH. (www.infocommpunjab.com) Shri Panbodh Chander Bali, #16-Shiv Nagar, Batala Road, Amritsar-143001. -------------Complainant. Vs. The Public Information Officer o/o Director Animal Husbandry, Punjab, 17-Bays Building, Sector 17, Chandigarh. -------------Respondent. CC No. 2299 of 2011 Present:- None on behalf of the complainant. Dr. KPS Pasricha, PIO on behalf of the respondent. ORDER The complainant has sent a fax message stating that he has been furnished incomplete information. A copy of his fax-message has been handed over to the respondent-PIO. 2. The respondent may file his rejoinder to the objections raised by the complainant well before the next date of hearing. 3. To come up on 20.1.2012 at 11.00 A.M. December 21, 2011 (R.I. Singh) Chief Information Commissioner Punjab STATE INFORMATION COMMISSION, PUNJAB SCO No. 84-85, Sector 17-C, CHANDIGARH. (www.infocommpunjab.com) Shri Parbodh Chander Bali, R/o 16-Shiv Nagar, Batala Road, Amritsar-143001. Vs. The Public Information Officer o/o Fortis Escorts Hospital, Fortis Healthcare India Limited, Amritsar. -------------Complainant. -------------Respondent. CC No. 2769 of 2011 Present:- None on behalf of the complainant. None on behalf of the respondent. ORDER None has appeared though the complainant has sent a fax message stating that no CWP No.145677/2011 is pending before the Hon’ble Punjab and Haryana High Court as per the information down loaded by him from the Website of the High Court. 2. Let the respondent file its reply to the written submission of the complainant that matter is not pending in the Hon’ble High Court and therefore, the Commission should hear the present complaint and decide the matter on merits. 3. To come up on 9.2.2012 at 11.00 A.M. December 21, 2011 (R.I. Singh) Chief Information Commissioner Punjab STATE INFORMATION COMMISSION, PUNJAB SCO No. 84-85, Sector 17-C, CHANDIGARH. (www.infocommpunjab.com) Shri Prince Saggar s/o Late Sh. Amar Nath Saggar, r/o B-1-648, Kundan Puri, Civil Lines, Ludhiana. -------------Appellant. Vs. The Public Information Officer o/o the Municipal Corporation, Ludhiana. FAA-Municipal Corporation, Ludhiana. -------------Respondents. AC No. 658 of 2011 Present:- Shri Atul Saggar on behalf of the appellant. Shri Ravinder Singh Wal;ia, D.M. alongwith Shir Jaspal Singh, Patwari on behalf of the respondent. ORDER The representative of the appellant submits that he has received the entire information from the PIO/Municipal Corporation, Ludhiana. However, on the last date of hearing on 15.9.2011, a notice was issued to the District Revenue Officer, Ludhiana with the direction to furnish the certified copy of Aksh-shajra plan in respect of Khewat No.1393, Khatauni No.1794, Khasra No.5601/4475/3729/3326/2346/865-870 of Village Mahal Begat. It appears from the endorsement No.4877/RTi dated 5.12.2011 from the District Revenue Officer that a direction has been given to the office of Sadar Kanugo Branch, Ludhiana to furnish the information. 2. The representative of the office of Sadar Kanugo Branch-Shri Jaspal Singh, Patwari has appeared and also handed over the required information with which the representative of the appellant is satisfied and requests that the present case be closed. Accordingly, the proceedings in the case are closed. December 21, 2011 (R.I. Singh) Chief Information Commissioner Punjab STATE INFORMATION COMMISSION, PUNJAB SCO No. 84-85, Sector 17-C, CHANDIGARH. (www.infocommpunjab.com) Shri Ashwani Garg, Journalist, Punjabi Tribune, Samana (Patiala). -------------Complainant. Vs. The Public Information Officer o/o the Principal Public College of Education, Samana (Patiala) CC No. 2062 of 2011 -------------Respondent. & Shri Ashwni Kumar, Preet Nagar, Near Radha Swami Satsang Bhawan, Civil Hospital Road, Samana, Distt. Patiala. -------------Complainant. Vs. The Public Information Officer o/o Public College, Samana Distt. Patiala. -------------Respondent. CC No. 2754 of 2011 Present:- Shri Ashwani Kumar complainant in person. Shri Munish Inder Singh, Advocate on behalf of the respondent. ORDER Both these cases were heard together. 2. To come up for pronouncement of orders on 29.12.2011 at 11.00 A.M. December 21, 2011 (R.I. Singh) Chief Information Commissioner Punjab STATE INFORMATION COMMISSION, PUNJAB SCO No. 84-85, Sector 17-C, CHANDIGARH. (www.infocommpunjab.com) Shri Balbir Aggarwal, r/o 167-B, Industrial Estate, Millaer Ganj, Ludhiana-141003. -------------Complainant. Vs. The Public Information Officer o/o the Municipal Corporation, Ludhiana -------------Respondent. CC No. 2093 of 2011 Present:- Shri Gulshan Kumar on behalf of the complainant. Shri Kamaljit Kaur, APIO alongwith Shri Rajeev Saggar, Inspector on behalf of the respondent. ORDER The respondent submits a written reply vide No.4509/ATP-B dated 20.12.2011 enclosing a copy of the order dated 20.12.2011 passed by the PIO- Zone-B, Municipal Corporation, Ludhiana The PIO has rejected the request of the present complainant seeking information on the ground that it is personal information of third party and does not involve any larger public interest. Therefore, the information is exempt under Section 8(i)(j). A copy of the reply of the PIO has been furnished to the representative of the complainant, who has sent a written request that he is deputing his representative due to ill health. 2. The complainant is given one opportunity to file rejoinder to the reply of the PIO before the next date of hearing. 3. To come up on 24.1.2012 at 11.00 A.M. December 21, 2011 (R.I. Singh) Chief Information Commissioner Punjab STATE INFORMATION COMMISSION, PUNJAB SCO No. 84-85, Sector 17-C, CHANDIGARH. (www.infocommpunjab.com) Shri Balbir Aggarwal,.# 10904, Basant Road, Near Gurdwara Bhagwatti, Industrial Area-B, Ludhiana. Vs. The Public Information Officer o/o the Municipal Corporation . Ludhiana. -------------Appellant. FAA- Commissioner, Municipal Corporation, Ludhiana. -------------Respondents. AC No. 774 of 2011 Present:- Shri Gulshan Kumar on behalf of the complainant. None on behalf of the respondent. ORDER None had appeared on behalf of the respondent on 4.10.2011 and a fresh notice was given but none has again turned up on behalf of the respondent. The case is, therefore adjourned to 24.1.2012 with the direction that a notice be served by name to the Commissioner, Municipal Corporation, Ludhiana to file his reply in the present appeal case and also to explain why information has not been furnished in the present case. It is made clear to Municipal Corporation that no further adjournment will be allowed if Corporation fails to appear or to file reply and exparte decision will be taken. 3. To come up on 24.1.2012 at 11.00 A.M. December 21, 2011 (R.I. Singh) Chief Information Commissioner Punjab CC Shri M. S. Jaggi, PCS, Commissioner, Municipal Corporation, Ludhiana. STATE INFORMATION COMMISSION, PUNJAB SCO No. 84-85, Sector 17-C, CHANDIGARH. (www.infocommpunjab.com) Shri Balbir Aggarwal, Post Box No.731, Miller Ganj, Ludhiana. Vs. The Public Information Officer o/o the Municipal Corporation, Zone-A, Ludhiana. CC No. 2260 of 2011 Present:- -------------Complainant. -------------Respondent. Shri Gulshan Kumar on behalf of the complainant. Shri Rajinder Sharma, ATP on behalf of the respondent. ORDER The respondent submits a written reply vide No.922/ATP-A dated 16.12.2011 which is an endorsement of the letter addressed to the complainant-Shri Balbir Aggarwal. Parties request that the case may be adjourned to 24.1.2012. Acceding to the request, the case is adjourned to 24.1.2012. 3. To come up on 24.1.2012 at 11.00 A.M. December 21, 2011 (R.I. Singh) Chief Information Commissioner Punjab STATE INFORMATION COMMISSION, PUNJAB SCO No. 84-85, Sector 17-C, CHANDIGARH. (www.infocommpunjab.com) Shri Baldev Singh Sohal, Advocate, Civil Court, Nakodar (Jalandhar). Vs. The Public Information Officer o/o Secretary, Guru Nanak National College, Nakodar-144040. -------------Complainant. -------------Respondent. CC No. 2539 of 2011 Present:- Shri Baldev Singh Sohal complainant in person. Shri Pritpal Singh, Superintendent on behalf of the respondent. ORDER The complainant submits that there are still deficiencies in the information furnished by the respondent. He submits a written reply pointing out these deficiencies which were handed over to the respondent to remove the same. 2. It appears that the complainant had applied for information on 30.4.2011 but complete information has still not been given inspite of lapse of nearly eight months. The respondent is, therefore, called upon to explain the delay, why penalty proceedings should not be initiated against him under Section 20 of the Right to Information Act, 2005 for nonobservance of the statutory period provided under the Right to Information Act, 2005.. Written explanation of the respondent in this regard shall be filed before the next date of hearing, which is fixed for 9.2.2012. 3. To come up on 9.2.2012 at 11.00 A.M. December 21, 2011 (R.I. Singh) Chief Information Commissioner Punjab