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STATE INFORMATION COMMISSION, PUNJAB


SCO NO. 84-85, SECTOR 17-C, CHANDIGARH
Sh. Sukhchain Lal

No. 4558/9, Main Bazar,

Katra Khazana,

Amritsar … Complainant

Versus

1. Public Information Officer,



O/o Principal Secretary,

Local Govt. Punjab,

Sector 9,

Chandigarh.

2. Public Information Officer,

O/o Municipal Corporation,

Amritsar. …Respondents

CC- 178/13

Order
Present: Complainant Sh. Sukhchain Lal in person.

For the respondent: Sh. Balwinder Pal Singh, Sr. Asstt.


Vide RTI application dated 05.11.2012 addressed to the respondent, Sh. Sukhchain Lal sought the action taken report on the letter No. 5450 dated 31.08.2012 addressed to it by the office of Hon’ble Governor, Punjab a photocopy whereof had also been annexed with the RTI application. Perusal of the case file indicates that the letter of H.E. Governor was in consequence of the representation dated 21.08.2012 made by the applicant against illegal encroachment on his property in Amritsar by one Sh. Satish Kumar.
Sh. Sukhchain Lal stated that no information has so far been provided to him by the respondent.
Copy of Memo. No. 812 dated 28.02.2013 addressed to Sh. Sukhchain Lal by the APIO of the respondent office has been received, wherein it is stated that though the application of the applicant had been transferred to the office of Commissioner, Municipal Corporation, Amritsar for providing the requisite information to the applicant, no response has been received from it till date.

From the foregoing, it is apparent that in all probability, the requisite information can be provided only by the office of Municipal Corporation, Amritsar and it will be in fitness of the things to implead the PIO, office of Municipal Corporation, Amritsar as a party-respondent in this case, which is ordered accordingly.

Hence, on the next date, PIO, office of Municipal Corporation, Amritsar shall appear before the Commission and apprise it of the facts and circumstances of the case so that the requisite information as sought by the present applicant is made available to him in accordance with the provisions of the RTI Act, 2005. Copies of relevant documents have already been forwarded to the Municipal Corporation, Amritsar by the office of Principal Secretary, Local Govt. Punjab, Chandigarh and therefore, there should be no difficult for the newly impleaded PIO to act at once and expedite the matter.
On the next date fixed, both the respondent PIOs shall ensure their personal presence before the Commission along with complete relevant records for perusal of the Commission so that requirement of the applicant for information could be ascertained.
Adjourned to 21.05.2013 at 2.00 PM.
Copies of order be sent to the parties.

Sd/-

Chandigarh (Ravinder Singh Nagi)

Dated: 04.04.2013 State Information Commissioner

STATE INFORMATION COMMISSION, PUNJAB

SCO NO. 84-85, SECTOR 17-C, CHANDIGARH

Sh. Dilbagh Singh

Village Bainapur,

P.O. Pabwan,

Tehsil Phillaur,

Distt. Jalandhar-144034 … Appellant

Versus

1. Public Information Officer,


O/o Director Local Govt. Pb.

SCO 131-132, Sector 17-C,

Chandigarh.

2. First Appellate Authority

Director Local Govt. Pb.

SCO 131-132, Sector 17-C,

Chandigarh.

3. Public Information Officer,

O/o Principal Secretary Local Govt. Punjab,

Punjab Mini Secretariat,

Sector 9,

Chandigarh. …Respondents


AC- 2/13

Order
Present: Appellant Sh. Dilbagh Singh in person.

For the respondents: S/Sh. Neeraj Bhatti; and Rakesh Singla, Vigilance Officers.


Vide RTI application dated 21.06.2012 addressed to respondent No. 1, Sh. Dilbagh Singh sought the following information: -
1. Copy of the action taken report to implement recommendations made by Vigilance Cell of the Local Bodies Department in its inquiry report in case pertaining to a complaint lodged against Nagar Council, Nakodar in connection with grant of Rs. 2 crore released by the CM, Punjab, four years ago;
2. Copy of letter written by Director to the Deputy Director, Jalandhar for cancellation of resolution No. 302 passed by NC Nakodar, on 02.12.2011;
3. Copy of action taken on recommendations for action against the Executive Officer of NC Nakodar and copies of show cause notices to eleven officials and employees of NC Nakodar for irregularity committed in development work with the above grant of Rs. 2 crore.
First appeal before the First Appellate Authority – Respondent No. 2 was filed on 08.11.2012 whereas the Second Appeal has been preferred before the Commission on 07/10.12.2012.

S/Sh. Neeraj Bhatti; and Rakesh Singla, Vigilance Officers, appearing on behalf of respondents tendered copy of Memo. no. 766 dated 01.06.2012 addressed to the appellant Sh. Dilbagh Singh whereby the position has been clarified, referring to the Orders of the Commission dated 23.11.2011 and 23.05.2012 in the complaints preferred by him against the respondents. Perusal of Para 2 of the communication dated 01.06.2012 suggests that the process of serving show cause notice on the delinquent officials was under way and the drafts thereof had been sent to the Establishment Branch – LG-3 had been sent on 09.04.2012. Even vide communication dated 09.07.2012, the same position has again been communicated to the appellant. Apparently, necessary action at the level of LG-3 Branch in the office of Principal Secretary, Local Govt. Punjab is overdue and that is why the requisite information has not been passed on to the appellant.

In the circumstances, Public Information Officer, O/o Principal Secretary Local Govt. Punjab, Punjab Mini Secretariat, Sector 9, Chandigarh is impleaded as a party-respondent in this case who is directed to appear before the Commission in person on the next date fixed and apprise the Commission the latest developments in the matter. Needless to remind, he is already seized of the matter and hence, there should be no difficulty in proceeding further.
Appellant seeks exemption from appearance on the next date fixed, which is granted.
Adjourned to 15.05.2013 at 2.00 PM.
Copies of order be sent to the parties.

Sd/-

Chandigarh (Ravinder Singh Nagi)

Dated: 04.04.2013 State Information Commissioner
STATE INFORMATION COMMISSION, PUNJAB

SCO NO. 84-85, SECTOR 17-C, CHANDIGARH
Sh. Ram Sar,

No. 122, Ganesh Nagar,

Basti Nau,

Jalandhar-144002 … Appellant

Versus

1. Public Information Officer,



O/o Principal Secretary,

Local Govt. Punjab,

Sector 9,

Chandigarh.

2. First Appellate Authority

O/o Principal Secretary,

Local Govt. Punjab,

Sector 9,

Chandigarh. …Respondents

AC- 18/13

Order
Present: None for the appellant.

For the respondents: Sh. Balwinder Pal, Sr. Asstt.


Vide RTI application dated 21.07.2012 addressed to respondent No. 1, Sh. Ram Sar sought the following information: -

1. Detail of the posts of the different Municipal Corporations of Punjab falling in the Provincialised cadre / declared as constituted posts u/s 71 of the Punjab Municipal Corporation Act, 1976; and also provide pay-scale of these posts;

2. Number and date vide which the posts of the different Municipal Corporations of Punjab fell in the Provincialised cadre / declared as constituted posts u/s 71 of the Punjab Municipal Corporation Act, 1976. Copy of the rule for the Provincialised cadre may also be provided.
3. Details of posts falling in the non-Provincialised cadre in the different Municipal Corporations of Punjab; and the pay-scales of these posts.
It is further the case of Sh. Ram Sar that he filed first appeal before the First Appellate Authority – respondent No. 2 on 16.09.2012 and thereafter preferred the Second Appeal before the Commission, received in its office on 12.12.2012.
Copy of Memo. no. 810 dated 28.02.2013 addressed to Sh. Ram Sar, the applicant-appellant by the respondent, has been received which is taken on record to which the appellant has respondent vide his communication dated 23.03.2013 with a copy to the Commission, which is also part of the record.
Sh. Balwinder Pal, appearing on behalf of the respondents stated that the information in question is required to be created which is against the provisions of the RTI Act, 2005 and hence is not permissible. However, he was unable to answer certain other queries put by the Commission.
In the circumstances, Sh. Shaminder Singh, Superintendent-cum-PIO, office of the Principal Secretary Local Govt. Punjab, Mini Secretariat, Sector 9, Chandigarh is directed to appear before the Commission personally on the next date fixed and put forth the factual position in the matter.
Adjourned to 21.05.2013 at 2.00 PM.
Copies of order be sent to the parties.

Sd/-

Chandigarh (Ravinder Singh Nagi)

Dated: 04.04.2013 State Information Commissioner

STATE INFORMATION COMMISSION, PUNJAB

SCO NO. 84-85, SECTOR 17-C, CHANDIGARH
Ms. Shimla Devi

c/o Sh. Rakesh Kumar Garg,

No. 16819-B, Gali No. 5,

Basant Vihar,

Bathinda … Complainant

Versus


Public Information Officer,

O/o Deputy Director,

Local Govt. Punjab,

Mini Secretariat, A-Block,

Patiala …Respondent

CC- 4/13

Order
Present: None for the complainant.

For the respondent: Sh. Kamaldeep.


Vide RTI application dated 27.09.2012 addressed to the respondent, Ms. Shimla Devi sought the following information under the RTI Act, 2005: -
1. Copy of final action taken report on letter No. 08/3591 dated 24.12.2008 (copy enclosed) of Director, Local Govt. Pb. (Pension Cell) Chandigarh, originally addressed to the Deputy Director Local Govt. (Pb.), Patiala and a copy endorsed to me;
2. Copy of final action taken report on my registered letter dated 16.12.2011 (Copy enclosed);
3. Copy of final action taken report on my registered letter dated 02.04.2012 (Copy enclosed);
4. Copy of final action taken report on my registered letter dated 18.08.2012 (Copy enclosed);
5. Copy of final action taken report on my registered letter dated 18.09.2012 (Copy enclosed);

6. Copy of final action taken report in my case in response to Director, Local Govt. Pb., Chandigarh letter No. 5771-5959 dated 06.03.2012 (copy enclosed) regarding release of enhanced old age allowance to pensioners / family pensioners w.e.f. 01.12.2011.

The present complaint has been filed with the Commission, received in its office on 06.12.2012.
Today, while the respondent stated that complete information has already been provided to Ms. Shimla Devi, a communication dated 02.04.2013 from the complainant narrates the story otherwise.
Complainant is afforded an opportunity to point out the deficiencies in the information provided and communicate the same to the respondent who shall thereafter, within a fortnight, remove the same.
To come up on 21.05.2013 at 2.00 PM.
Copies of order be sent to the parties.

Sd/-

Chandigarh (Ravinder Singh Nagi)

Dated: 04.04.2013 State Information Commissioner
STATE INFORMATION COMMISSION, PUNJAB

SCO NO. 84-85, SECTOR 17-C, CHANDIGARH
Sh. Kuldip Kumar,

No. 29, Sector 7,

Chandigarh … Complainant

Versus


Public Information Officer,

O/o Daya Nand Medical College & Hospital,

Civil Lines,

Ludhiana …Respondent



CC- 81/13

Order
Present: Complainant Sh. Kudip Kumar in person.

None for the respondent.


Vide application dated 16.08.2012 addressed to Dayanand Medical College and Hospital, Sh. Kuldip Kumar sought the following information under the RTI Act, 2005: -
1. Total No. of pregnancy / delivery cases conducted by Gynaecology Department of the hospital from 01.01.2011 to 31.12.2011 and from 01.01.2012 to 31.07.2012;

2. Ratio of normal and caesarean deliveries during the above period;

3. No. of cases referred of Dr. Sunil Juneja, a private practitioner;
4. No. of cases of normal / caesarean deliveries out of the patients referred by Dr. Sunil Juneja;
5. Is any fee / commission paid to the private practitioner(s) who refer the patients to the hospital? If yes, the amount thereof in case of normal delivery and also in case of caesarean operation.
The present complaint has been filed with the Commission, received in its office on 13.12.2012.
Sh. Kudip Kumar, complainant submitted that vide order dated 12.03.2013 passed in CC No. 298/12 and CC 1191/12, the Hon’ble Commission has already held as under: -

23. In view of the foregoing, we hold that the respondent Dayanand Medical College and Hospital, Ludhiana is a “public authority” within the ambit of Section 2 (h) of the RTI Act. We direct that the respondent shall take all appropriate measures to implement the RTI Act, including appointment of Public Information Officer, within one month of this order.”

No one has appeared on behalf of the respondent nor has any communication been received from it.
In view of the judgment of the Commission dated 12.03.2013 noted hereinabove, respondent College & Hospital, upon being declared a Public Authority in terms of Section 2 (h) of the RTI Act, is directed to act accordingly and provide the complainant the requisite information according to his RTI application dated 16.08.2012, latest within a month’s time, under intimation to the Commission.
For confirmation of compliance, to come up on 21.05.2013 at 2.00 PM.
Copies of order be sent to the parties.

Sd/-

Chandigarh (Ravinder Singh Nagi)

Dated: 04.04.2013 State Information Commissioner

STATE INFORMATION COMMISSION, PUNJAB

SCO NO. 84-85, SECTOR 17-C, CHANDIGARH
(98781-25235)

Sh. Lakhvir Singh

s/o Sh. Hardyal Singh,

VPO Takhran, Block Machhiwara,

Tehsil Samrala,

Distt. Ludhiana-141115 … Complainant

Versus

Public Information Officer,



O/o Block Development & Panchayat Officer,

Machhiwara (Ludhiana) …Respondent



CC- 117/13

Order
Present: Complainant Sh. Lakhvir Singh in person.

None for the respondent.


Vide application dated 30.10.2012 addressed to the respondent, Sh. Lakhvir Singh sought under the RTI Act, 2005, information on four points pertaining to the Gram Panchayat, Takhran.
The present complaint has been filed before the Commission, received in its office on 18.12.2012.
Sh. Lakhvir Singh submitted that the requisite information has not so far been made available to him.
This morning, a phone call had been received in the office from the respondent BDPO regretting inability to send a representative to attend the hearing today due to certain urgent assignment in the area.
Respondent is afforded another opportunity to provide the complainant point-wise complete requisite information, duly attested, free of cost, by registered post, within a month’s time and present a photocopy of the relevant postal receipt before the Commission for its perusal and records.
Complainant seeks exemption from appearance on the next date fixed, which is granted.
Adjourned to 21.05.2013 at 2.00 PM.
Copies of order be sent to the parties.

Sd/-

Chandigarh (Ravinder Singh Nagi)


Dated: 04.04.2013 State Information Commissioner
STATE INFORMATION COMMISSION, PUNJAB

SCO NO. 84-85, SECTOR 17-C, CHANDIGARH
(94646-92553)

Sh. Ramandeep Singh Ahluwalia,

Ward No. 12, Street No. 2,

Kartar Nagar,

Near Mann Market,

Amloh Road,

Khanna (Distt. Ludhiana)

Pin – 141401 … Complainant

Versus

Public Information Officer,



O/o Municipal Council,

Khanna (Ludhiana) …Respondent



CC- 156/13

Order
Present: None for the parties.
Vide application dated 11.11.2012 addressed to the respondent, Sh. Ramandeep Singh Ahluwalia sought various information on ten points under the RTI Act, 2005.
The present complaint has been filed with the Commission, received in its office on 20.12.2012.
A written request from the complainant Sh. Ramandeep Singh Ahluwalia has been received praying for transfer of the case to another Bench of the Commission.
Without commenting anything on the merits of the case or otherwise, accepting the prayer of the applicant-complainant, the case file is directed to be sent to the Registry who shall allocate the case to another Bench with due concurrence of the Competent Authority, whereafter fresh notice of hearing be issued to the parties.
The case file in original be sent to the Registry along with a copy of this order.
Copies of order be sent to the parties.

Sd/-

Chandigarh (Ravinder Singh Nagi)

Dated: 04.04.2013 State Information Commissioner

STATE INFORMATION COMMISSION, PUNJAB


SCO NO. 84-85, SECTOR 17-C, CHANDIGARH
Sh. Gursewak Singh

s/o S. Karam Singh,

Village Saidpura, Tehsil Khamano,

PO Bharhi,

Distt. Fatehgarh Sahib. … Complainant

Versus


Public Information Officer,

O/o Asstt. Food & Civil Supplies Officer,

Khanna (Ludhiana) …Respondent
CC- 224/13

Order
Present: None for the complainant.

For the respondent: Sh. Muneesh Pajni, AFSO.


Vide application dated 18.10.2012 addressed to the respondent, Sh. Gursewak Singh sought, under the RTI Act, 2005, the action taken on his statement recorded on 09.08.2012 with reference to registered letter dated 24.05.2012.
It is further the case of Sh. Gursewak Singh that he sent a reminder also on 08.12.2012 in the matter.
The present complaint has been filed with the Commission, received in its office on 27.12.2012.
Sh. Muneesh Pajni, AFSO, Khanna, submitted a written acknowledgment dated 03.04.2013 from Sh. Gursewak Singh, the applicant-complainant, regarding receipt of complete information to his satisfaction.
Accordingly, the case is hereby ordered to be closed and disposed of.
Copies of order be sent to the parties.

Sd/-

Chandigarh (Ravinder Singh Nagi)

Dated: 04.04.2013 State Information Commissioner
STATE INFORMATION COMMISSION, PUNJAB

SCO NO. 84-85, SECTOR 17-C, CHANDIGARH

(97800-08779)

Insp. Gurjant Singh,

No. 79/FR

Distt. Ferozepur. …Complainant

Versus

Public Information Officer,


O/o Director General of Police,

Punjab Police Hqrs, Sector 9,

Chandigarh. …Respondent

CC- 1327/12

Order
Present: None for the complainant.

For the respondent: Sh. Parshottam Kumar, HC.


In this case, Sh. Gurjant Singh, vide application dated 02.04.2012, had sought the action taken on his application dated 27.02.2012 for reinstatement in the service, apart from the following: -
1. My appeal was allowed by the Hon’ble DGP on 26.09.2011. An attested copy of the office order issued in this respect be provided.
2. An attested copy of the order issued in response to my application dated 27.02.2012 be provided.
The present complaint had been filed before the Commission, received in its office on 14.05.2012.
Passing through various stage, in the hearing dated 08.01.2013 when the complainant was also present in person, it was recorded:
“……….the Commission is of the view that now complete information as per his application stands provided to the applicant. However, one final opportunity is afforded to the complainant to confirm the fact in writing.”
Though the matter was posted to 21.02.2013, it could not be taken up for hearing on the said date and had to be adjourned to date.
Today again, the complainant is present which is enough to infer that he is satisfied with the information provided by the respondent.
Accordingly, the case is hereby ordered to be closed and disposed of.
Copies of order be sent to the parties.


Sd/-

Chandigarh (Ravinder Singh Nagi)

Dated: 04.04.2013 State Information Commissioner


STATE INFORMATION COMMISSION, PUNJAB

SCO NO. 84-85, SECTOR 17-C, CHANDIGARH

Sh. Ranjit Singh

H. No. 2314,

Phase 11 (XI)

Mohali …Complainant

Versus


Public Information Officer,

O/o Executive Engineer,

Water Supply & Sanitation Division,

Department of Water Supply & Sanitation, Punjab,

Village Kadupur,

Kapurthala-Kartarpur Road,

Kapurthala. …Respondent
CC- 3222/12

Order
Present: Complainant Sh. Ranjit Singh in person.

For the respondent; Sh. Ashish Chopra, J.E.


Both the parties mutually agreed for adjournment of the case to 21.05.2013 at 2.00 PM which is ordered accordingly.
As such, to come up on 21.05.2013 at 2.00 PM.
Copies of order be sent to the parties.


Sd/-

Chandigarh (Ravinder Singh Nagi)

Dated: 04.04.2013 State Information Commissioner

STATE INFORMATION COMMISSION, PUNJAB

SCO NO. 84-85, SECTOR 17-C, CHANDIGARH
Sh. Karandeep Singh

7, Indira Market,

Gill Road,

Ludhiana-3 …Appellant

Versus

1. Public Information Officer,



O/o Municipal Corporation,

Ludhiana

2. First Appellate Authority,

O/o Municipal Corporation,

Ludhiana …Respondents

AC- 1752/12

Order
Present: Appellant Sh. Karandeep Singh in person.

For the respondents: Sh. Raj Kumar, MTP.

In this case, vide RTI application No. 260 dated 10.08.2012 addressed to respondent no. 1, Sh. Karandeep Singh had sought information on five points pertaining to sealing orders issued against various buildings & other related matters, in Zone C, since January, 2002.

It is further the case of Sh. Karandeep Singh that he had filed first appeal before respondent no. 2 on 03.10.2012 while the second appeal had been filed before the Commission.
When the case was taken up for hearing on 29.01.2013, Sh. Banke Bihari, Asstt. Town Planner, appearing on behalf of the respondents, had stated that the requisite information had already been sent to the applicant vide letter dated 12.09.2012. The appellant, on the other hand, had stated that he had not received any such communication. At this, a copy of the same had been provided to him by the respondent upon perusal whereof, Sh. Karandeep Singh had pointed out that information on point no. 3 to 5 of his RTI application was still un-provided.
Affording another opportunity to the respondent PIO to provide the appellant the remainder information as well within a fortnight. Though the case was posted to 21.02.2013, for administrative reasons, the same could not be taken up for hearing on the said date and was adjourned to date i.e. April 4, 2013.
Today, Sh. Raj Kumar, MTP has put in appearance on behalf of the respondents. However, no further information has been made available to the applicant-appellant. Such a state of affairs, particularly taking into account that a period of eight months has already elapsed when the application for information was submitted, is clearly against the very spirits of the RTI legislation and can no way go unnoticed. Therefore, Sh. Ajay Sood, PCS, Zonal Commissioner, Municipal Corporation, Zone ‘C’, Ludhiana-cum-PIO is hereby issued a show cause notice as to why a penalty under Section 20(1) of RTI Act, 2005 @ Rs. 250/- per day subject to maximum of Rs. 25,000/- be not imposed on him till the information is furnished.

In addition to the written reply, the PIO is also hereby given an opportunity u/s 20(1) proviso thereto for a personal hearing before the imposition of such penalty on the next date of hearing. He may take note that in case he does not file his written reply and does not avail himself of the opportunity of personal hearing on the date fixed, it will be presumed that he has nothing to say and the Commission shall proceed to take further proceedings against him ex parte.

PIO is further directed to make written submissions, if any, in response to the show cause notice, in the shape of a duly sworn affidavit, failing which further steps including initiation of disciplinary proceedings shall be taken, as per relevant provisions of the RTI Act, 2005.
PIO to ensure his personal appearance before the Commission on the next date fixed. In the meantime, he will endeavour to ensure that point-wise complete specific information, duly attested, according to RTI application dated 10.08.2012 is made available to Sh. Karandeep Singh, free of cost, per registered post, latest within a month’s time and a photocopy of the relevant postal receipt presented before the Commission for its perusal and records, on the next date fixed.
Adjourned to 09.05.2013 at 2.00 PM.
Copies of order be sent to the parties.


Sd/-

Chandigarh (Ravinder Singh Nagi)

Dated: 04.04.2013 State Information Commissioner
Copy to:
Sh. Ajay Sood, PCS,

Zonal Commissioner,

Municipal Corporation,

Zone ‘C’,

Ludhiana.
For compliance, as directed hereinabove.

Sd/-

Chandigarh (Ravinder Singh Nagi)

Dated: 04.04.2013 State Information Commissioner


STATE INFORMATION COMMISSION, PUNJAB

SCO NO. 84-85, SECTOR 17-C, CHANDIGARH
Sh. Karandeep Singh

7, Indira Market,

Gill Road,

Ludhiana-3 …Appellant

Versus

1. Public Information Officer,


O/o Municipal Corporation,

Ludhiana

2. First Appellate Authority,

O/o Municipal Corporation,

Ludhiana …Respondents

AC- 1763/12

Order
Present: Appellant Sh. Karandeep Singh in person.

For the respondents: S/Sh. Raj Kumar, MTP; and Kuljit Singh, Draughtsman.


In the case in hand, vide RTI application No. 279 dated 21.08.2012 addressed to respondent no. 1, Sh. Karandeep Singh had sought the following information: -
1. All the information regarding permanent encroachments in Ward No. 49 of Ludhiana Municipal Corporation;
2. All the information regarding permanent encroachments in Ward No. 54 of Ludhiana Municipal Corporation;
It is further the case of Sh. Karandeep Singh that he had filed first appeal before respondent no. 2 on 03.10.2012 while the second appeal had been filed before the Commission, received in its office on 30.11.2012.
On 29.01.2013, when the case came up for hearing, Sh. Kuljit Singh, appearing on behalf of the respondent, had submitted that the requisite information had already been sent to the applicant vide letter dated 16.01.2013. The appellant, on the other hand, had submitted that he had not received any such communication. At this, a copy of the same had been provided to him by the respondent. It was submitted by the Respondent that they did not have any such information compiled ward-wise. He had further informed the Commission that Ward No. 49 and 54 fell in Zone ‘D’ and accordingly, he had provided the information in respect of Zone ‘D’ which obviously contained the information sought. He had also submitted that the provided information was based on the last survey conducted in the year 2003.

Affording another opportunity to the respondent PIO, the case was posted to 21.02.2013, when, for administrative reasons, the same could not be taken up for hearing and was adjourned to date i.e. April 4, 2013.

Today, Sh. Raj Kumar, MTP and Sh. Kuljit Singh, Draughtsman, have put in appearance on behalf of the respondents. However, no further information has been made available to the applicant-appellant. It was reiterated by the respondents that the ward-wise information as sought in this case by the applicant, is not available in their records. However, upon persuasion of the Commission, and with the co-operation of the appellant, respondents have agreed to make an attempt to extract / break-up the ward-wise information from the one available on records and try to provide the same to the appellant to the maximum possible extent.
Adjourned to 09.05.2013 at 2.00 PM.
Copies of order be sent to the parties.


Sd/-

Chandigarh (Ravinder Singh Nagi)

Dated: 04.04.2013 State Information Commissioner

STATE INFORMATION COMMISSION, PUNJAB

SCO NO. 84-85, SECTOR 17-C, CHANDIGARH
Sh. Lokesh Kumar

S/o Sh. Pyare Lal

C/o Gupta Fertilizers,

Railway Road,

Kurali (Distt. Mohali) … Complainant

Versus


Public Information Officer,

O/o Director Local Govt. Punjab,

Sector 17-C,

Chandigarh …Respondent



CC- 436/13

Order
Present: Complainant Sh. Lokesh Kumar in person.

For the respondent: Sh. Sunil Sharma, Vigilance Officer.


In the instant case, vide application dated 17.09.2012 addressed to the respondent, Sh. Lokesh Kumar had sought the following information under the RTI Act, 2005 pertaining to his application dated 26.07.2012 addressed to the Chief Vigilance Officer:
1. Action taken report;

2. Attested copies of correspondence between respondent office and the office of Municipal Council, Kurali till date in respect of his above said application;

It is observed that the Respondent had provided the information after a reminder dated 18.10.2012 had been sent by the applicant-complainant.
The present complaint had been preferred before the Commission on 11.01.2013.
On 07.03.2013, when the case came up for hearing, the complainant had stated that the information sought by him had not been provided. Since no one had put in appearance on behalf of the respondent PIO, the matter was posted to date i.e. April 4, 2013.
Today, Sh. Sunil Sharma, Vigilance Officer, appearing on behalf of the respondent, tendered copy of an undated memo. addressed to Sh. Lokesh Kumar, the applicant-complainant, enclosing therewith copy of Memo. No. 1706 dated 08.11.2012 whereby it had been intimated to the applicant that the process in respect of information on point no. 1 of his RTI application was under way and that for information on point no. 2, they have already written to the Executive Officer, Municipal Council, Kurali vide their memo. no. 1168 dated 22.08.2012 and no. 1328 dated 19.09.2012 to which no response has been received. However, the request of the applicant-complainant has not been transferred to the Municipal Council, Kurali in terms of Section 6(3) of the RTI Act, 2005.
In the circumstances, the respondent-PIO Sh. Atul Sharma, S.V.O., office of Director Local Govt. Punjab, Sector 17-C, Chandigarh is hereby issued a show cause notice as to why a penalty under Section 20(1) of RTI Act, 2005 @ Rs. 250/- per day subject to maximum of Rs. 25,000/- be not imposed on him till the information is furnished.

In addition to the written reply, the PIO is also hereby given an opportunity u/s 20(1) proviso thereto for a personal hearing before the imposition of such penalty on the next date of hearing. He may take note that in case he does not file his written reply and does not avail himself of the opportunity of personal hearing on the date fixed, it will be presumed that he has nothing to say and the Commission shall proceed to take further proceedings against him ex parte.

PIO is further directed to make written submissions, if any, in response to the show cause notice, in the shape of a duly sworn affidavit, failing which further steps including initiation of disciplinary proceedings shall be taken, as per relevant provisions of the RTI Act, 2005.
PIO to ensure his personal appearance before the Commission on the next date fixed. In the meantime, he will endeavour to ensure that point-wise complete specific information, duly attested, according to RTI application dated 17.09.2012 is made available to Sh. Lokesh Kumar, free of cost, per registered post, latest within a month’s time and a photocopy of the relevant postal receipt presented before the Commission for its perusal and records, on the next date fixed.
Adjourned to 21.05.2013 at 2.00 PM.

Copies of order be sent to the parties.




Sd/-

Chandigarh (Ravinder Singh Nagi)

Dated: 04.04.2013 State Information Commissioner
Copy to:
Sh. Atul Sharma,

S.V.O.


O/o Director Local Govt. Punjab,

Sector 17-C,

Chandigarh.
For compliance, as directed hereinabove.

Sd/-

Chandigarh (Ravinder Singh Nagi)

Dated: 04.04.2013 State Information Commissioner
STATE INFORMATION COMMISSION, PUNJAB

SCO NO. 84-85, SECTOR 17-C, CHANDIGARH
Sh. Dhruv Kumar

S/o Sh. Rattan Lal

C/o Dhruv Baster Bhandar,

Main Bazar,

Kurali (Distt. Mohali) … Complainant

Versus

Public Information Officer,

O/o Director Local Govt. Punjab,

Sector 17-C,

Chandigarh …Respondent


CC- 437/13

Order
Present: Complainant Sh. Dhruv Kumar in person.

For the respondent: Sh. Sunil Sharma, Vigilance Officer.


In this case, vide application dated 14.09.2012 addressed to the respondent, Sh. Dhruv Kumar had sought the following information under the RTI Act, 2005: -
1. Attested copy of complete file pertaining to the enquiry report of the CVO during 2011-12 pertaining to Baba Sodhi Committee;
2. Action taken on application / order dated 23.08.2011 copy whereof had been enclosed.
It is further the case of Sh. Dhruv Kumar that though information on point no. 1 had been provided, no information pertaining to point no. 2 has been provided by the respondent and as such, has filed the present complaint with the Commission on 11.01.2013.
When the case came up for hearing on 07.03.2013,, the complainant had stated that information on point no. 2 of his application had not been provided. Since no one had put in appearance on behalf of the respondent PIO, the matter was posted to date i.e. April 4, 2013.
During the proceedings, it transpired that there was little confusion regarding the information sought under point no. 2 of the application, which has since been clarified.
Affording one final opportunity to the respondent PIO Sh. Atul Sharma, S.V.O., office of Director Local Govt. Punjab, Sector 17-C, Chandigarh to provide forthwith the correct remainder information to the applicant-complainant, the case is posted to 21.05.2013 at 2.00 PM.
Respondent PIO is directed to be personally present on the next date fixed.

Sd/-

Chandigarh (Ravinder Singh Nagi)

Dated: 04.04.2013 State Information Commissioner




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