STATE INFORMATION COMMISSION, PUNJAB
SCO No. 84-85, Sector -17-C, CHANDIGARH-160017
(www.infocommpunjab.com)
Shri Gurtej Singh,
HIG-726, Phase 9,
Sector 63, S.A.S.Nagar,
Mohali.
Appellant
Vs.
Public Information Officer,
O/o Divisional Forest Officer,
Forest Complex, Sector 68
S.A.S.Nagar (Mohali).
First Appellate Authority,
o/o Conservator of Forests,
South Circle, Patiala.
Respondent
AC No. 796 of 2015
Present:
Appellant in person.
Shri Harbhajan Singh, Forest Range Officer for the
respondent PIO.
ORDER:
Shri Gurtej Singh, Appellant vide an RTI application 10.11.14
addressed to PIO cum Divisional Forest Officer, SAS Nagar at Kharar
sought certain information on 6 points.
Failing to get any information within 30 days as mandated under
Section 7(1) of the RTI Act, 2005, he filed first appeal with the First Appellate
Authority vide letter dated 9.12.14 under the provisions of Section 19(1) of the
Act ibid and subsequently approached the Commission in second appeal
2.3.2015 under the provisions of Section 19(3) of the said Act and
accordingly, a notice of hearing was issued to the parties for 9.4.15.
During hearing of this case today, Shri Gurtej Singh, appellant stated
that he has received the information vide letter no. RTI/1016, dated 24.3.15
only 2-3 days back. However, the same is incomplete and misleading. He
further stated that infact he had demanded copy of the reference made by the
DFO, SAS Nagar to the Conservator of Forest for his dismissal from service
as well as noting portion of the entire file where this letter has been dealt with.
However, these demanded documents have not been provided to him till date.
Shri Harbhajan Singh, Forest Range Officer stated that the file in question is
in the office of Conservator of Forest at Patiala.
As such, Shri Tejinder Singh, DFO, Forest Complex, Sector 68, SAS
Nagar is directed to supply point wise demanded information to the appellant
within a period of 5 days under registered cover.
He is further directed to appear before the Commission on the next
fixed date with a set of documents containing point wise information for the
perusal of the same by the Commission.
It is to mention here that the appellant filed RTI application on 10.11.14
followed by 1st appeal dated 9.12.14. However, no information have been
provided to him till date which is contrary to the provisions contained in
Section 7(1) of the RTI Act.
It is further made clear that failing to provide the information even this
time by the PIO cum DFO, Forest Complex, Sector 68, SAS Nagar (Mohali)
shall attract the provisions of Section 20(1) of the RTI Act against him without
affording further opportunity.
Adjourned to 20.4.15 at 11.00 AM.
Chandigarh.
Dated: 9.4.2015
(B.C.Thakur)
State Information Commissioner.
Copy to:
Shri Tejinder Singh
Divisional Forest Officer
Forest Complex, Sector 68,
SAS Nagar, (Mohali).
For necessary compliance.
Chandigarh.
Dated: 9.4.2015
(B.C.Thakur)
State Information Commissioner.
STATE INFORMATION COMMISSION, PUNJAB
SCO No. 84-85, Sector -17-C, CHANDIGARH-160017
(www.infocommpunjab.com)
Shri Gurtej Singh,
HIG-726, Phase 9,
Sector 63, S.A.S.Nagar,
Mohali
Appellant
Vs.
Public Information Officer,
O/o District Forest Officer,
Mohali at Kharar.
Distt. S.A.S.Nagar.
First Appellate Authority,
o/o Conservator of Forests,
South Circle, Patiala.
Respondent
Present:
AC No. 804 of 2015
Appellant in person.
Shri Ajit Kulkarni, IFS, DFO, Patiala for the respondent PIO.
ORDER:
Shri Gurtej Singh, Appellant vide an RTI application dated 10.11.14 ,
addressed to PIO, cum Divisional Forest Officer, Patiala sought certain
information pertaining to Account no. 2462 being operated by the Forest
Range at Sirhind in Punjab National Bank, Sirhind Mandi.
Failing to get any information within 30 days as mandated under
Section 7(1) of the RTI Act, 2005, he filed first appeal with the First Appellate
Authority vide letter dated 10.12.14 under the provisions of Section 19(1) of
the Act ibid and subsequently approached the Commission in second appeal
on 2.3.2015 under the provisions of Section 19(3) of the said Act and
accordingly, a notice of hearing was issued to the parties for 9.4.15.
During hearing of this case today, it is noted that the requisite
information have been supplied by the PIO cum Divisional Forest Officer,
Patiala to the appellant vide letter no. 6, dated 2.4.15. A perusal of the
provided information further reveals that the same is in accordance with RTI
Application dated 10.11.14 filed by the appellant.
As such, no cause of action survives further in this appeal case and the
same is accordingly disposed of and closed.
Chandigarh.
Dated: 9.4.2015
(B.C.Thakur)
State Information Commissioner.
STATE INFORMATION COMMISSION, PUNJAB
SCO No. 84-85, Sector -17-C, CHANDIGARH-160017
(www.infocommpunjab.com)
Shri Suresh Singla
s/o Shri Niranjan Dass,
r/o H.No. 479/2,
Basant Singh Road,
Near Mittal Lab, Moga.
Appellant
Vs.
Public Information Officer,
O/o District Food & Civil Supplies and
Consumer Affairs Controller,
Moga-142001.
First Appellate Authority,
O/o District Food & Civil Supplies and
Consumer Affairs Controller,
Moga-142001
Respondent
AC No. 854 of 2015
Present:
Appellant in person.
Shri Chand Singh, Food & Civil Supplies Officer for the
respondent PIO.
ORDER:
Shri Suresh Singla, Appellant vide an RTI application dated 22.10.14
addressed to PIO, cum Distt. Food & Supplies Controller, Moga
sought
certain information on 3 points.
Failing to get any information within 30 days as mandated under
Section 7(1) of the RTI Act, 2005, he filed first appeal with the First Appellate
Authority vide letter dated 22.12.14 under the provisions of Section 19(1) of
the Act ibid and subsequently approached the Commission in second appeal
on 5.3.2015 under the provisions of Section 19(3) of the said Act and
accordingly, a notice of hearing was issued to the parties for 9.4.15.
During hearing of this case today, Shri Chand Singh, Food & Civil
Supplies Officer appearing for PIO cum Distt. Food & Supplies Controller,
Moga stated that the requisite information have been supplied to the
appellant vide letter no. A-2-2015/1451, dated 7.4.15. He also handed over
to the Commission copy of the supplied information for its perusal and record.
Perusal of the provided information further reveals that the same is in
accordance with the RTI Application dated 22.10.14 filed by the appellant.
In view of above noted facts, the case is disposed of and closed.
Chandigarh.
Dated: 9.4.2015
(B.C.Thakur)
State Information Commissioner.
STATE INFORMATION COMMISSION, PUNJAB
SCO No. 84-85, Sector -17-C, CHANDIGARH-160017
(www.infocommpunjab.com)
Shri Balraj Kalra,
Pheruman Chowk,
Kotakpura.
Complainant
Vs.
Public Information Officer,
O/o District Food Civil Supplies &
Consumer Affairs Controller,
Faridkot.
Respondent
CC No. 693 of 2015
Present: None for Complainant.
Shri Subeg Singh, Inspector for respondent.
ORDER:
Shri Balraj Kalra, complainant vide an RTI application dated nil
addressed to PIO cum Distt. Food & Supplies, Controller, Faridkot sought
certain information on 4 points pertaining to two Ration Cards no. B VIII
2797A 32159 and DD 620/23612 issued by o/o AFSO, Kotkapura.
Failing to get any information within 30 days as mandated under
Section 7(1) of the RTI Act, 2005, he filed a complaint with the Commission,
received in it on 3.3.15. Since the perusal of the file revealed that there are
sufficient grounds to look into matter by the Commission in terms of Section
18(1)(b) of the Act ibid. Notice of hearing was issued to both the parties for
9.4.2015.
During hearing of this case today, Shri Subeg Singh, Inspector hands
over to the Commission copy of letter dated 9.4.15 duly signed by Shri
Jaspreet Singh Kahlon, PIO cum DFSC, Faridkot wherein it has been
mentioned that the demanded information cannot be supplied to the
complainant as it attracts provisions of Section 8(1)(j) of the RTI Act.
I have perused the RTI application vis a vis response of the PIO. It is
observed that such like information as demanded by complainant on the
basis of which benefit of subsidized essential food commodities by the
beneficiary is being taken cannot be with-held and is required to be in public
domain.
As such, PIO cum Distt. Food & Civil Supplies Controller, Faridkot is
directed to appear before the Commission on the next fixed date with action
taken report and record for the perusal of the same by the Commission before
further proceedings in the matter are taken up accordingly.
Adjourned to 15.4.15 at 11.00 AM.
Chandigarh.
Dated: 9.4.2015
(B.C.Thakur)
State Information Commissioner.
Copy to:
Shri Jaspreet Singh Kahlon, PIO
cum Distt. Food & Civil Supplies
Controller, Faridkot.
(REGISTERED)
For necessary compliance.
Chandigarh.
Dated: 9.4.2015
(B.C.Thakur)
State Information Commissioner.
STATE INFORMATION COMMISSION, PUNJAB
SCO No. 84-85, Sector -17-C, CHANDIGARH-160017
(www.infocommpunjab.com)
Shri Tarsem Jindal,(Neeli Chhattriwala),
s/o Shri Kastoor Chand,
r/o Kothi No. 306, Aastha Enclave,
Barnala-148101.
Complainant
Vs.
Public Information Officer,
O/o Collector Land Acquisition,
Industries & Commerce, Punjab,
17 Bays Building, Sector 17,
Chandigarh.
Respondent
CC No. 672 of 2015
Present: None for Complainant.
Ms. Neelam Diwedi, JTO with Shri Ravinder Singh, Supdt. (LA Br.)
for respondent.
ORDER:
Shri Tarsem Jindal, complainant vide an RTI application dated 17.1.15
addressed to
Collector,
Land Acquisition, Industries & Commerce
Department, Punjab, Chandigarh sought certain information pertaining to his
letter dated 1.9.14.
Failing to get any information within 30 days as mandated under
Section 7(1) of the RTI Act, 2005, he filed a complaint with the Commission,
received in it on 2.3.15. Since the perusal of the file revealed that there are
sufficient grounds to look into matter by the Commission in terms of Section
18(1)(b) of the Act ibid. Notice of hearing was issued to both the parties for
9.4.2015.
During hearing of this case today, Ms. Neelam Diwedi, JTO cum APIO
o/o Director, Industries & Commerce Department, Punjab, stated that after
seeking the comments from M/s Abhishek Industires Ltd., Barnala as well as
from the DC Barnala, the requisite information have been sent to the
complainant vide 1/1895/2015/RTI-05/S-2/3410, dated 1.4.15 under
registered cover. She also handed over a set of documents containing the
information to the Commission for its perusal and record.
It is thus noted that due response has been sent to the complainant.
Since, the complainant has neither corresponded with the Commission nor
has put in his appearance before the Commission, therefore an inference can
safely be drawn that he is satisfied with the provided information. As such,
the case is disposed of and closed.
Chandigarh.
Dated: 9.4.2015
(B.C.Thakur)
State Information Commissioner.
STATE INFORMATION COMMISSION, PUNJAB
SCO No. 84-85, Sector -17-C, CHANDIGARH-160017
(www.infocommpunjab.com)
Shri Tarsem Lal Sharma,
9, Young Dweller Society,
Sector 49-A, U.T.
Chandigarh.
Complainant
Vs.
Public Information Officer,
O/o Principal Chief Conservator of Forest,
Forest complex, Sector 68,
S.A.S.Nagar, Mohali.
Respondent
CC No. 711 of 2015
Present: Complainant in person.
Shri Harbhajan Singh, Forest Range Officer for respondent.
ORDER:
Shri Tarsem Lal Sharma complainant vide an RTI application dated
10.12.14 addressed to Forest Ranger, Forest Department, Dera Bassi, Distt.
Mohali sought following information:“A copy of Jamabandi for the year 2010-2011 of village Shekhpura
Khurd of Khasra no. 11/26 is enclosed in which forest area is hsown 9
bighas and 2 vishwas but the few year back when demasraction
arranged by your deptt. then the area found occupied by houses of
Adarsh Nagar & Punjabi Bag of Dera Bassi and exact area is vacant
remained 7 bighas only. You are to supplied information about exact
area of vacant land in this khasra number and when the tree plantation
drive was conducted to avoid encroachment.”
Failing to get any information within 30 days as mandated under
Section 7(1) of the RTI Act, 2005, he filed a complaint with the Commission,
received in it on 5.3.15. Since the perusal of the file revealed that there are
sufficient grounds to look into matter by the Commission in terms of Section
18(1)(b) of the Act ibid. Notice of hearing was issued to both the parties for
9.4.2015.
During hearing of this case today, Shri Harbhajan Singh, Forest Range
Officer handed over the requisite information to the appellant in this
Commission itself. He also handed over a copy of the provided information to
the Commission for its perusal and record.
After perusing the provided
information for about half an hour, the complainant expressed his satisfaction
with the same.
In view of above noted facts, the case is disposed of and closed.
Chandigarh.
Dated: 9.4.2015
(B.C.Thakur)
State Information Commissioner.
STATE INFORMATION COMMISSION, PUNJAB
SCO No. 84-85, Sector -17-C, CHANDIGARH-160017
(www.infocommpunjab.com)
Shri Ramesh Kumar
s/o Shri Dev Raj, Partner of
M/s Jamna Rice Mills,
Samrala Road, Machhiwara,
Ludhiana.
Complainant
Vs.
Public Information Officer,
O/o District Manager,
Punjab Agro Foodgrain Corporation Ltd.,
Ludhiana-141001.
Respondent
CC No. 698 of 2015
Present: Shri Puneet Jain for Complainant.
Shri Dimpal Kumar, Computer Operator for respondent.
ORDER:
Shri Ramesh Kumar complainant vide an RTI application dated
28.11.14 addressed to Distt. Manager, Punjab Agro Food Grain Corpn. Ltd.,
Salem Tabri, Ludhiana sought certain information pertaining to M/s Dev
Rice Mill, Samrala Road, Machhiwara, Distt. Ludhiana.
Failing to get any information within 30 days as mandated under
Section 7(1) of the RTI Act, 2005, he filed a complaint with the Commission,
received in it on 3.3.15. Since the perusal of the file revealed that there are
sufficient grounds to look into matter by the Commission in terms of Section
18(1)(b) of the Act ibid. Notice of hearing was issued to both the parties for
9.4.2015.
During hearing of this case today, Shri Dimpal Kumar, Computer
Operator stated that requisite information has already been supplied to the
complainant vide letter no. PAFC/LDH/2015/019, dated 7.4.15. Shri Puneet
Jain appearing for complainant also confirmed that he has received the
complete information.
In view of above noted facts, the case is disposed of and closed.
Chandigarh.
Dated: 9.4.2015
(B.C.Thakur)
State Information Commissioner.
STATE INFORMATION COMMISSION, PUNJAB
SCO No. 84-85, Sector -17-C, CHANDIGARH-160017
(www.infocommpunjab.com)
Shri Amrik Singh,
D.I.G. (Retd),
1, Dutt Road, Moga.
Appellant
Vs.
Public Information Officer,
O/o Chief Judicial Magistrate,
District Courts, Phase-3B1,
Mohali.
First Appellate Authority,
Civil Judge Senior Division,
Distt. Courts, 3 B1, Mohali.
Respondent
AC No. 811 of 2015
Present:
Shri H.S. Hundal for appellant.
Shri Rajesh Randev, Naib Nazar with Ms. Satwant Kaur Court
of Clerk for the respondent.
ORDER:
Shri Amrik Singh, Appellant vide an RTI application dated
27.11.14 addressed to PIO, o/o Chief Judicial Magistrate, Mohali sought
certain information on 3 points pertaining to Register maintained for noting
details of sureties and bail bonds submitted in courts as per Section 4 of RTI
Act.
Failing to get any information within 30 days as mandated under
Section 7(1) of the RTI Act, 2005, he filed first appeal with the First Appellate
Authority vide letter dated 24.12.14 under the provisions of Section 19(1) of
the Act ibid and subsequently approached the Commission in second appeal
5.2.2015 under the provisions of Section 19(3) of the said Act and
accordingly, a notice of hearing was issued to the parties for 9.4.15.
During hearing of this case today, Shri H.S. Hundal, advocate
appearing for the appellant stated that he has received the demanded
information and is fully satisfied with the same.
In view of submissions made by Shri H.S. Hundal, advocate the case is
disposed of and closed.
Chandigarh.
Dated: 9.4.2015
(B.C.Thakur)
State Information Commissioner.
STATE INFORMATION COMMISSION, PUNJAB
SCO No. 84-85, Sector -17-C, CHANDIGARH-160017
(www.infocommpunjab.com)
Shri Kamal Kishore Arora, Advocate,
1158, Bazar Kanak Mandi,
Amritsar-143008.
Appellant
Vs.
Public Information Officer,
O/o Commissioner,
Municipal Corporation,
Amritsar.
First Appellate Authority,
O/o Commissioner,
Municipal Corporation,
Amritsar.
Respondent
AC No. 2727 of 2014
Present:
None for appellant.
Shri Pushpinder Singh, Supdt. for the respondent.
ORDER:
This case was fixed for hearing today.
However, perusal of the file
reveals that no RTI application filed by the appellant has been placed in the
file. However, Shri Pushpinder Singh, PIO cum Supdt. (Property Tax), MC,
Amritsar who appeared on behalf of respondent – MC, Amritsar handed over
a copy of RTI application dated 23.12.13.
The background of the case is that the appellant filed this RTI
application dated 23.12.12 with the PIO, MC, Amritsar. Finding, the RTI
application unsigned, the then APIO cum Supdt. (Property Tax), MC, Amritsar
vide letter no. TS/2133, dated 9.1.2014 informed the applicant that since you
have failed to move a proper request, hence the undersigned (APIO) is feeling
helpless in absence of proper application for seeking information for him.
Further, a perusal of the file reveals that this case was relegated to the
MC, Amritsar vide order dated 24.7.14 and the Commissioner, MC, Amritsar
vide order dated 13.8.14 decided the 1st appeal of the appellant and held as
under:-
“After having careful perusal of the record and argument forwarded by
the respondent as well as written submission made by the appellant, I
am of view that the appellant is failed to move a proper request to the
PIO for having access to the information. The respondent has
informed the information seeker in writing and appellant has not denied
this fact even. Hence it is clearly established beyond doubt that “No
proper request for seeking information is made to the PIO” as the letter
does not bear the signature of the information seeker.
Hence pela of the appellant does not stand as application
without signature means no request has ever been made to PIO and
accordingly present appeal stands disposed off and closed without any
directions.
The present appeal is decided strictly according to the directions
of Hon’ble State Information Commission, Punjab”.
Subsequently, appellant approached the Commission in second appeal
on 26.8.14 under the provisions of Section 19(3) of RTI Act and accordingly
Shri Pushpinder Singh, PIO cum Supdt. (Property Tax), MC, Amritsar has
brought to the notice of the Commission that second appeal filed by appellant
before the Commission was heard by Shri Narinderjit Singh, SIC on 11.9.14
and 30.10.14 and by Shri Surinder Awasthi, SIC on 8.1.15 when the
appellant did not turn up even once for hearing before any Bench. Now this
case has been entrusted to the undersigned for hearing of this appeal case
and accordingly the same was fixed for hearing for 9.4.15.
During hearing of this case today, it is noted that again the appellant
has not turned up and has sent a letter through Email received in the
Commission on 7.4.15 wherein he has mentioned that due to personal
difficulty he will not be able to attend the Commission on 9.4.15 and further
requested for adjournment of this case to some other date and the hearing be
held via video conference at Amritsar.
From the above facts, it is evident that the appellant has not turned up
to attend the Commission during hearings held on 11.9.14, 30.10.14, 8.1.15
and even today. It is further mentioned here that this sole case cannot be
heard through Video-Conferencing facility. Moreover, one to one discussion
in the presence of both the parties i.e. applicant and respondent PIO would be
more appropriate, in the interest of justice. As such appellant:i)
ii)
is afforded last opportunity either to appear before the
Commission personally or to depute authorized representative
to defend his case failing which it shall be presumed that he has
nothing to say and ex-parte proceedings could be taken against
him.
Shri Pushpinder Singh, PIO cum Superintendent (Property
Tax), Municipal Corporation, Amritsar is directed to appear
personally on next fixed date.
Adjourned to 5.5.15 at 11.00 AM.
Chandigarh.
Dated: 9.4.2015
(B.C.Thakur)
State Information Commissioner.
Copy to:
Shri Kamal Kishore Arora, Advocate,
1158, Bazar Kanak Mandi,
Amritsar-143008.
Shri Pushpinder Singh, PIO
cum Superintendent (Property Tax),
Municipal Corporation, Amritsar.
(REGISTERED)
(REGISTERED)
For necessary compliance.
Chandigarh.
Dated: 9.4.2015
(B.C.Thakur)
State Information Commissioner.
STATE INFORMATION COMMISSION, PUNJAB
SCO No. 84-85, Sector -17-C, CHANDIGARH-160017
(www.infocommpunjab.com)
Shri Jasbir Singh,
Vill. Bolapur Jhabbewal,
P.O. Ramgarh,
Distt. Ludhiana-123455
Complainant
Vs.
Public Information Officer,
O/o Chief Engineer, (Central),
Public Works Department, (B&R)
Punjab, Patiala.
Respondent
CC No. 774 of 2015
Present: Complainant in person.
Shri Gurbinder Singh Bedi, SDE for respondent.
ORDER:
Shri Jasbir Singh complainant vide an RTI application dated 2.2.15
addressed to PIO o/o Public Works Department (B&R) Punjab sought certain
information on 4 points.
Failing to get any information within 30 days as mandated under
Section 7(1) of the RTI Act, 2005, he filed a complaint with the Commission,
received in it on 11.3.15. Since the perusal of the file revealed that there are
sufficient grounds to look into matter by the Commission in terms of Section
18(1)(b) of the Act ibid. Notice of hearing was issued to both the parties for
9.4.2015.
During hearing of this case, Shri Jasbir Singh, complainant stated that
he has since received the demanded information in this case, the same may
be closed.
In view of statement made by Shri Jasbir Singh, complainant, the case
is disposed of and closed.
Chandigarh.
Dated: 9.4.2015
(B.C.Thakur)
State Information Commissioner.
STATE INFORMATION COMMISSION, PUNJAB
SCO No. 84-85, Sector -17-C, CHANDIGARH-160017
(www.infocommpunjab.com)
Shri Kulwant Singh Bawa,
Bhatha Mazdoor Sabha,
o/s Hathi Gate, Amritsar.
Complainant
Vs.
Public Information Officer,
O/o District Food Civil Supplies &
Consumer Affairs Controller,
Amritsar.
Respondent
CC No. 766 of 2015
Present: None for Complainant.
Shri Satnam Singh, Regional Distt. Food & Civil Supplies Controller,
Amritsar with Shri Ramandip Singh, Inspector, Tarn Taran for respondent.
ORDER:
Shri Kulwant Singh Bawa, complainant vide an RTI application dated
3.1.14 addressed to PIO cum DFSC, Ramtirath Road, Amritsar sought the
list of brick-kilns in Amritsar, TGarn Taran Distt. alongwith address and date
of registration/commencement as on 31.12.13.
Failing to get any information within 30 days as mandated under
Section 7(1) of the RTI Act, 2005, he filed a complaint with the Commission,
received in it on 10.3.15. Since the perusal of the file revealed that there are
sufficient grounds to look into matter by the Commission in terms of Section
18(1)(b) of the Act ibid. Notice of hearing was issued to both the parties for
9.4.2015.
During hearing of this case today, it is noted that Shri Kulwant Singh
Bawa, Chief Bhatha Mazdoor Sabha vide ref. no. BT 15/4/15, dated 22.1.15
has informed the Commission that he has received the information from
DFSC, Amritsar. However, no information have been supplied by the DFSC,
Tarn Taran. At this Shri Ramandip Singh, Inspector, Food & Supplies, Tarn
Taran stated that information pertaining to Tarn Taran District have already
been sent to the complainant vide Memo. RTI-2015/790, DATED 2.4.15. He
further stated that the said list have been provided to Shri Kulwant Singh
Bawa, complainant and he is fully satisfied with the same.
In view of above noted facts, the case is disposed of and closed.
Chandigarh.
Dated: 9.4.2015
(B.C.Thakur)
State Information Commissioner.
STATE INFORMATION COMMISSION, PUNJAB
SCO No. 84-85, Sector -17-C, CHANDIGARH-160017
(www.infocommpunjab.com)
Shri Balbir Singh s/o Shri Nazar Singh,
V.P.O. Lehra Mohabbat,
Distt. Bathinda-151111.
Appellant
Vs.
Public Information Officer,
O/o Director, Industries & Commerce,
Punjab, Sector 17, Chandigarh.
First Appellate Authority cum
Joint Director (Credits)
O/o Director, Industries & Commerce,
Punjab, Sector 17, Chandigarh.
Respondent
AC No. 639 of 2015
Present:
None for Appellant;
Shri Gurmeet Singh, PIO cum Dy. Director (Admn.) with Ms.
Neelam Diwedi, Jr. Technical Officer (JTO) for the respondent.
ORDER:
Shri Balbir Singh, Appellant vide an RTI application dated
1.4.2014, addressed to PIO o/o Director, Industries & Commerce, Punjab,
Chandigarh, sought attested photo copy of enquiry report conducted by Shri
V.K. Kapoor, Joint Director, Industries, Mini Sectt. Chndigarh against Shri Hari
Kishan, Sr. Asstt. as per letter of Director, Industries & Commerce, Punjab,
Chandigarh no, 2196/369-B, dated 9.1.2006.
Failing to get any information within 30 days as mandated under
Section 7(1) of the RTI Act, 2005, he filed first appeal with the First Appellate
Authority cum Joint Director (Credit), O/o Director, Industries & Commerce,
Punjab, Sector 17, Chandigarh vide letter dated 8.9.2014 under the provisions
of Section 19(1) of the Act
ibid and subsequently approached the
Commission in second appeal on 12.2.2015 under the provisions of Section
19(3) of the said Act and accordingly, a notice of hearing was issued to the
parties for 11.3.15.
This case was last heard on 7.4.15 and Shri Gurmeet Singh, PIO cum
Dy. Director (Admn.) stated that though Shri V.K. Kapur, Joint Director,
Industries was appointed as Enquiry Officer against Shri Hari Krishan, Sr.
Asstt. as per the directions issued vide letter No. E-1/3/2196/369-B, dated
9.1.2006. But despite issuance of so many reminders to him, he never
submitted the enquiry report. As such, since no enquiry report have been
submitted by Shri V.K. Kapur against Shri Hari Krishan, Sr. Asstt., the copy of
the same cannot be supplied to the appellant.
In view of above submissions made by Shri Gurmeet Singh, PIO cum
Dy. Director (Admn.) o/o Director Industries & Commerce, Punjab, he was
directed to file an affidavit, duly attested by the Notary Public in support of his
contention that Shri V.K. Kapur never submitted the enquiry report to the
Directorate against Shri Hari Krishan, Sr. Asstt. and the case was adjourned
to today for further hearing.
Today, Shri Gurmeet Singh, PIO cum Dy. Director (Admn.) o/o
Director Industries & Commerce, Punjab submitted to the Commission an
affidavit duly attested by Notary Public wherein it has been mentioned that
Shri V.K. Kapur, Jt. Director who was appointed as Enquiry Officer in this
case was given reminders thrice by this office to submit enquiry report but as
per office record it was not received in the office till 20.8.2008 and Shri V.K.
Kapur retired on 30.9.2008. It has further been mentioned that appellant has
been shown the record and demanded pages have been given to him.
In view of written as well as oral submissions made by Shri Gurmeet
Singh, PIO cum Dy. Director (Admn.) o/o Director Industries & Commerce,
Punjab, the appeal case in hand is disposed of and closed.
Chandigarh.
Dated: 9.4.2015
(B.C.Thakur)
State Information Commissioner.
STATE INFORMATION COMMISSION, PUNJAB
SCO No. 84-85, Sector -17-C, CHANDIGARH-160017
(www.infocommpunjab.com)
Shri Amrik Singh,
D.I.G.(Retd)
1, Dutt Road, Moga-142001.
Appellant
Vs.
Public Information Officer,
O/o District Legal Services Authority,
Mohall, DLSA Office, Distt. Courts Complex,
Phase 3BI, SAS Nagar, Mohali.
First Appellate Authority,
O/o District Legal Services Authority,
Mohall, DLSA Office, Distt. Courts Complex,
Phase 3BI, SAS Nagar, Mohali.
Respondent
AC No. 562 of 2014
Present:
Shri H.S. Hundal, for the appellant;
Shri Sandip Kumar, Sr. Asstt. for the respondent PIO.
ORDER:
Shri Amrik Singh, appellant vide an RTI application dated
25.11.2014 , addressed to PIO, O/o District Legal Services Authority, Mohall,
DLSA Office, Distt. Courts Complex, Phase 3BI, SAS Nagar, Mohali sought
certain information on 10 points pertaining to budget allocations, funds,
grants received and expenditure incurred by DLSA, Mohali.
Failing to get any information within 30 days as mandated under
Section 7(1) of the RTI Act, 2005, he filed first appeal with the First Appellate
Authority O/o District Legal Services Authority, Mohall, DLSA Office, Distt.
Courts Complex, Phase 3BI, SAS Nagar, Mohali vide letter dated 24.12.2014,
under the provisions of Section 19(1) of the Act
ibid and subsequently
approached the Commission in second appeal on 5.2.2015, under the
provisions of Section 19(3) of the said Act and accordingly, a notice of hearing
was issued to the parties for 5.3.2015
During hearing of this case on 5.3.15, Shri Tarntaran Singh, Chief
Judicial Magistrate cum Secretary, District Legal Services Authority Mohali,
stated that though the RTI application for seeking the information was
received by the respondent PIO , however, since postal order of Rs. 10/received with application was blank, the appellant was written through
registered post to send duly filled postal order in favour of PIO o/o District
Legal Services Authority, Mohali. However, no filled up postal orders have
been sent by the appellant so far.
Similarly an additional fee/documents charges for 500 pages were
demanded vide letter No. 1216, dated 12.12.2014. However, in the same way,
no additional fee was
deposited by appellant. Since the requisite
fee/documents charges had not been deposited by the appellant, no
information could be supplied to him. At this the appellant stated that he will
send to the PIO cum CJM/Secretary District Legal Services Authority Mohali,
requisite fee/documents charges shortly, as pointed out by PIO.
Accordingly, Respondent PIO was directed to provide the point-wise
demanded information to appellant, within a period of 5 days immediately
after he deposited the requisite fee. He was thus directed to supply to
commission on next fixed date, copy of supplied information for its perusal.
PIO was also directed to file self attested affidavit on having supplied
the information certifying that point-wise demanded information have been
provided to appellant, observing the provisions contained in RTI Act and as
per its availability in office record and the case was adjourned to 17.3.2015 at
11.00 A.M. for further hearing.
On the last hearing of this case held on 17.3.15, Shri Tarntaran Singh,
PIO cum Chief Judicial Magistrate/Secretary, District Legal Services Authority
Mohali stated that despite Commission’s directions no additional
fee/document charges have been deposited by appellant. However, Shri H.S.
Hundal, advocate appearing for appellant stated that he visited the office of
Secretary, District Legal Services Authority Mohali but no fee was got
deposited. He further stated that he would be satisfied if he is allowed
inspection of record pertaining to the demanded information so that he could
identify certain documents essentially required by him and could get the same
after depositing the requisite fee.
In view of above facts, it was decided to accord the inspection of record
to appellant to indentify and get the required documents only, after depositing
requisite fee. PIO cum Chief Judicial Magistrate/Secretary, District Legal
Services Authority Mohali was directed to accord the necessary inspection to
appellant thereafter on his visiting the office, and was to provide the required
documents to him, after deposit of necessary fee, observing provisions
contained in RTI Act and the case was adjourned to 9.4.2015 at 11.00 AM
for further hearing.
During hearing of this case today, Shri H.S. Hundal, advocate
appearing for the appellant stated that though he has been provided the
information by Shri Sandip Kumar, APIO cum Sr. Asstt. but the following
information have not been provided:-
i)
ii)
iii)
Copy of rules and regulations as per para 1 of RTI application.
Copy of budgetary allocation.
Copies of the vouchers and bills have not been provided.
He further stated that he visited the o/o Distt. Legal Services Authority
many a times. However Shri Sandip Kumar, APIO was hardly available for
inspection of record by the appellant.
Accordingly, the appellant and Shri Sandip Kumar, APIO cum Sr.
Asstt.
mutually decided in the Commission today that the necessary
inspection would be carried out by the appellant between 15 th to 17th April,
2015 and necessary documents would be taken with the deposit of required
fee. Accordingly, the appellant is therefore, directed to inspect the necessary
record pertaining to the rules, budgetary allocation, bills and vouchers during
the above mentioned period and get the necessary required documents after
depositing the required fee. Shri Sandeep Kumar, APIO cum Sr. Assistant,
DLSA, Mohali is directed to assist PIO, as required in Section (5) (4)(5) of RTI
Act, in according inspection of record to appellant as discussed above and
provide him the remaining information with deposit of additional fee as
deemed PIO failing to do so penalty provisions of Section 20(1) of RTI Act
could be invoked against Shri Sandip Kumar, Sr. Asstt. DLSA, Mohali.
Adjourned to 23.4.15 at 11.00 AM.
Chandigarh.
Dated: 9.4.2015
(B.C.Thakur)
State Information Commissioner.