State information commission, punjab



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STATE INFORMATION COMMISSION, PUNJAB

SCO No. 84-85, Sector 17-C, CHANDIGARH.

Visit us @ www.infocommpunjab.com



COMPLAINT CASE NO. 614 of 2013

Sh. Sukhminder Pal,

S/o Sh. Nand Kishore,

R/o Ward No.6, Nr. Gurudwara Singh Sabha,

Bassi Pathanan-140412,

Distt. Fatehgarh Sahib, Punjab. ………………………….Complainant



Vs

Public Information Officer,

O/o Executive Officer, Municipal Committee,

Bassi Pathana. ……………..……………Respondent


Present: Sh. Sukhminder Pal complainant in person. (7696755905 )

For the respondent: Sh. Bhushan Rana the then PIO-cum- Executive Officer, Municipal Committee, Bassi Pathanan now at Sirhind, Fatehgarh Sahib and Sh. Randhir Singh, Clerk office of Executive Officer, Municipal Committee, Bassi Pathana (96461-45096).



ORDER


  1. The complainant is present in the Commission and files written submission copy of which is given to the respondent.

  2. Sh. Bhushan Rana, PIO-cum- Executive Officer, Municipal Committee, Bassi Pathana is present in the Commission and files reply to the SCN copy thereof given to the complainant. The respondent availing opportunity of personal hearing states that similar information has been provided on Complaint Case no. 1684 of 2013 which was disposed of on 09.07.2013. In the end, he requests that there is no malafide or intentional delay for providing the information.

  3. The matter to come up for further hearing on 19.08.2013 at 2:00 P.M.

  4. Announced in the Court. Copy of the order be sent to the parties.


Sd/-

Chandigarh (Parveen Kumar)

Dated: 23.07.2013 State Information Commissioner
STATE INFORMATION COMMISSION, PUNJAB

SCO No. 84-85, Sector 17-C, CHANDIGARH.

Visit us @ www.infocommpunjab.com


Appeal Case No. 771 of 2013

Sh. Rajiv Sood S/o Sh. K.L. Sood,

H. No. 404, Sector-12,

Panchkula. (Haryana) ……………………….Appellant



Vs

1. Public Information Officer,

O/o Director,

Technical Education & Industrial Training, Punjab,

Sector-36-A, Chandigarh.

2. First Appellant Authority,

O/o Director,

Technical Education & Industrial Training, Punjab,

Sector-36-A, Chandigarh. ..……………Respondents
Present: Sh. Kuljeet Singh authorized representative of the appellant.

For the respondent: Sh. Amrik Singh, APIO and Sh. Rashpal Singh, Junior Assistant O/o Director, Technical Education & Industrial Training, Punjab, Chandigarh.



ORDER


  1. Sh. Kuljeet Singh authorized representative of the appellant is present in the Commission and states that on point no. 3 memo no. RTI/RTI Act/2005/Rajiv Sood/956 dated 23.07.2013 comprising of 7 pages has been handed over to him in the Commission.

  2. Sh. Amrik Singh, APIO and Sh. Rashpal Singh, Junior Assistant office of Director, Technical Education & Industrial Training, Punjab, Chandigarh are present in the Commission and copy of information on point no. 3 vide endorsement no. IT/RTI Act/2005/Rajiv Sood/957, dated 23.07.2013 which is taken on record. The respondent seeks an adjournment to file reply in detail.

Cont……p2


Appeal Case No. 771 of 2013



  1. On the plea of the respondent, the matter is adjourned for further hearing on 19.08.2013 at 2:00 P.M.

4. Announced in the Court. Copy of the order be sent to the parties.
Sd/-

Chandigarh (Parveen Kumar)

Dated: 23.07.2013 State Information Commissioner

STATE INFORMATION COMMISSION, PUNJAB

SCO No. 84-85, Sector 17-C, CHANDIGARH.

Visit us @ www.infocommpunjab.com


Appeal Case No. 804 of 2013

Date of decision on 23.07.2013

Sh. B.K.Jethi,

R/o # 519, Mohalla Kuzigaran Purana Bazar,

Khanna-141401, ……………….Appellant



Vs

1. Public Information Officer,

O/o Tehsildar

Khanna


2. First Appellant Authority,

O/o Sub Divisional Magistrate,

Khanna. .……………Respondents
Present: None for the appellant.

For the respondent: Sh. Joginder Singh, Tehsildar, Khanna office of Tehsildar Khanna.


ORDER
1. On his RTI application dated 12.11.2012 the appellant has sought information regarding vasika no. 126 dated 03.08.2009. On not getting the information, first appeal was filed with First Appellate Authority on 01.02.2013 and then second appeal in the Commission on 28.03.2013 under Section 19 (1) of the RTI Act.

2. Notice of hearing was issued to the parties for 14.05.2013 in the Commission.

3. The appellant is not present in the Commission at today’s hearing.

Cont…..p2


Appeal Case No. 804 of 2013

However, a letter has been received in the Commission at diary no.15486, dated 04.07.2013 intimating that he has gone through the reply to the show cause notice submitted to the Commission and further states that the issue stands resolved from his side in view of tendering of unconditional apology by the PIO before the Commission.

4. Sh. Joginder Singh, PIO-cum-Tehsildar, Khanna states that complete information has been provided to the appellant to his satisfaction and refers to letter of the appellant dated 24.06.2013 copy of which has been endorsed to the Commission. In the end, the PIO requests that since there was no malafide in providing information to the appellant the case may be disposed.

5. After hearing the respondent and going through the record available on file it is revealed that the requisite information has been provided by the PIO to the satisfaction of the appellant. In reply to the show cause notice issued to the PIO the explanation given in writing and during the personal hearing appears to be correct and no intentional delay has been caused in providing information to the appellant. He has also sought unconditional apology. In view of above, the Notice issued to Sh. Joginder Singh, PIO-cum-Tehsildar Khanna is hereby discharged. Now no further action is required to be taken in this complaint case which is closed and disposed of.

6. Announced in the Court. Copy of the order be sent to the parties.

Sd/-

Chandigarh (Parveen Kumar)

Dated: 23.07.2013 State Information Commissioner
STATE INFORMATION COMMISSION, PUNJAB

SCO No. 84-85, Sector 17-C, CHANDIGARH.

Visit us @ www.infocommpunjab.com


Appeal Case No. 892 of 2013

Sh. Gurbachan Singh

R/o # 3079. Sector-27-D,

Chandigarh-160019. ………………Appellant



Vs

1. Public Information Officer,

O/o District Food Civil Supplies &

Consumer Affairs, Patiala.


2. First Appellant Authority,

O/o Director of Civil Supplies & Consumer

Affairs, Punjab, Jeevandeep Building, Secotr-17-C,

Chandigarh. …..……………Respondents


CC: Public Information Officer,

O/o Indian Oil Corporation Limited,

Sangrur Divisional Office,

Near Aishwan Beed, Elwal Road, Sangrur-148001.



Present: Sh. Gurbachan Singh appellant in person. (98152-28885)

For the respondent: Sh. Gurmeet Singh L.A. (94635-40032) and Sh. Pirthi Singh, Inspector O/o District Food Civil Supplies & Consumer Affairs, Patiala. (98729-04666)


ORDER


  1. The appellant files an additional written submission dated 23.07.2013, copy thereof is given to the respondent.

  2. The respondent submits that IOC has objected to providing the information to the information seeker as the former is the applicant who has applied for NOC in the case.

Cont….p2

Appeal Case No. 892 of 2013


  1. After hearing both the parties, it is revealed that the NOC has been applied for by the Indian Oil Corporation who he be issued Notice of hearing for 19.08.2013.

  2. The matter to come up for further hearing on 19.08.2013 at 2:00 P.M.

5. Announced in the Court. Copy of the order be sent to the parties.
Sd/-

Chandigarh (Parveen Kumar)

Dated: 23.07.2013 State Information Commissioner

STATE INFORMATION COMMISSION, PUNJAB

SCO No. 84-85, Sector 17-C, CHANDIGARH.

Visit us @ www.infocommpunjab.com



COMPLAINT CASE NO. 972 of 2013

Sh. Ashok Kumar Singla

S/o Late Sh. Bachna Ram,

R/o Old Grain Market Opposite

Punjab & Sind Bank, Sunam,

Distt. Sangrur. ………….. Complainant Vs

Public Information Officer,

O/o District Manager

State Warehousing Corporation,

Sangrur. ………..……………Respondent


Present: Sh. Madan Khullar on behalf of the complainant.

For the respondent: Sh. Ankit Mehta, In-charge office of State Warehouse, Sunam-II



ORDER


  1. Sh. Madan Khullar is present in the Commission on behalf of the complainant and seeks an adjournment in this case.

  2. Sh. Ankit Mehta, In-charge office of State Warehouse, Sunam-II hands over the affidavit to the complainant incompliance with the order dated 17.06.2013 of the Commission.

  3. On the plea of the complainant, the matter is adjourned for further hearing on 19.08.2013 at 2:00 P.M.

4. Announced in the Court. Copy of the order be sent to the parties.

Sd/-

Chandigarh (Parveen Kumar)

Dated: 23.07.2013 State Information Commissioner

STATE INFORMATION COMMISSION, PUNJAB

SCO No. 84-85, Sector 17-C, CHANDIGARH.

Visit us @ www.infocommpunjab.com



COMPLAINT CASE NO. 983 of 2013

Date of decision 23.07.2013

Sh. Prem Wadhwa S/o Sh. Godha Ram

R/o Muhalla Neelgarh, Tehsil Samana,

Distt. Patiala. ………….Complainant



Vs

Public Information Officer,

O/o Tehsildar Samana,

Distt. Patiala ..……………Respondent

Present: None on behalf of the complainant.

For the respondent: Sh. Karnail Singh, Clerk, office of Tehsildar, Samana.



ORDER


  1. On his RTI application dated 14.01.2013 the information seeker has sought information on 9 points pertaining to Patwaris as mentioned in his RTI application. On not getting the information he filed complaint in the Commission on 20.02.2013 under Section 18 of the RTI Act, 2005.

  2. Notice was issued to the parties for hearing on 22.05.2013 in the Commission.

  3. The complainant is not present in the Commission at today’s hearing. No intimation has been received from him about the reason of absence.

  4. Sh. Karnail Singh, Clerk, office of Tehsildar, Samana files reply to the Notice vide no. 1SPL/RC, dated 23.07.2013 which is taken on record stating therein that in compliance with order dated 22.05.2013 of the Commission the

Cont…..p2




COMPLAINT CASE NO. 983 of 2013
complainant has so far not visited of the office of PIO for inspection of record. It is further stated that information on point no. 5 and 7 has already been provided to the complainant. He further requests that the case may be disposed of.
5. After hearing the respondent and going through the record available on file it is observed that during the hearing on 17.06.2013 last opportunity was provided to the complainant to follow up his case in the Commission failing which it was to be presumed that he was satisfied with the information provided to him. The complainant has not attended the hearing of the Commission consecutively twice. Nothing contrary has heard from him. It is further observed that now no action is required in this case. In view of this, the complaint case is closed and disposed of.

6. Announced in the Court. Copy of the order be sent to the parties.


Sd/-

Chandigarh (Parveen Kumar)

Dated: 23.07.2013 State Information Commissioner
STATE INFORMATION COMMISSION, PUNJAB

SCO No. 84-85, Sector 17-C, CHANDIGARH.

Visit us @ www.infocommpunjab.com



COMPLAINT CASE NO. 1035 of 2013

Date of decision 23.07.2013

Sh. Tarsem Jindal (Neeli Chattri Wala),

S/o Sh. Kastoor Chand, R/o Kothi No.306,

Astha Enclave, Barnala, Tehsil & Distt.

Barnala. ………………………….Complainant

Vs

Public Information Officer,

O/o Deputy Commissioner,

Barnala. …..…………………………Respondent


Present: None present.
ORDER


  1. On his RTI application dated 25.01.2013 the information seeker has sought information regarding Sale Deeds registered by Sh. Jasbir Singh walia at lower than Collector Rate with deficiency of stamp duty for the period from 01.01.2011 to 30.07.2011. On not getting the information he filed complaint in the Commission on 04.03.2013 under Section 18 of the RTI Act, 2005.

  2. Notice was issued to the parties for hearing on 16.04.2013 in the Commission.

3. After going through the record available on file it is observed that four hearings have been held by the Commission in this case. Neither the complainant nor the respondent has attended any of these hearings. Under the given circumstances, the instant complaint case is dismissed.

4. Announced in the Court. Copy of the order be sent to the parties.



Sd/-

Chandigarh (Parveen Kumar)

Dated: 23.07.2013 State Information Commissioner

STATE INFORMATION COMMISSION, PUNJAB

SCO No. 84-85, Sector 17-C, CHANDIGARH.

Visit us @ www.infocommpunjab.com



COMPLAINT CASE NO. 1338 of 2013

Sh. Parbodh Chander Bali

R/o 16-Shiv Nagar, Batala Road,

Amritsar -143001. …………………….Complainant



Vs

Public Information Officer,

O/o Municipal Corporation,

Patiala. ………..……………Respondent


Present: Sh. S.M. Bhanot on behalf of complainant.

For the respondent: Sh. Shakti Sagar Bhatia, PIO-cum-Senior Town Planner office of Municipal Corporation, Patiala.(98761-65227 )



ORDER


  1. Sh. S.M. Bhanot on behalf of the complainant states that the information provided on point no.4 is delayed and it shows willful default on the part of the respondent who may be issued Notice under Section 20(1) of the RTI Act.

  2. The PIO-cum- Senior Town Planner office of Municipal Corporation, Patiala files written submission on point no. 4 which is taken on record and copy thereof is given to the complainant. He states that the information has already been provided to the complainant vide letter dated 25.04.2013 on point no. 4 and clarification thereof is provided today vide letter no. 652/MOD, dated 22.07.2013

  3. After haring both the parties, the matter to come up for order on 19.08.2013 at 2:00 P.M.

4. Announced in the Court. Copy of the order be sent to the parties.
Sd/-

Chandigarh (Parveen Kumar)

Dated: 23.07.2013 State Information Commissioner

STATE INFORMATION COMMISSION, PUNJAB

SCO No. 84-85, Sector 17-C, CHANDIGARH.

Visit us @ www.infocommpunjab.com



COMPLAINT CASE NO. 1345 of 2013

Date of decision 23.07.2013

Sh. Sunil Kumar through Counsel

Sh. Chamandeep S. Mittal Advocate

Chamber No.594 Distt. Courts Patiala. ……………………….Complainant



Vs

Public Information Officer,

O/o Municipal Corporation,

Patiala. ………..……………Respondent



Present: Sh. Sunil Kumar complainant in person. (98761-04294)

For the respondent: Sh. Jaspal Singh Superintendant, office of Municipal Corporation, Patiala.



ORDER
1. On his RTI application dated 08.02.2013 the information seeker has sought information regarding ownership record relating to H.No.B-7/90, Lahori Gate, Gandhi Nagar, Patiala from the last 30 years. On not getting the information he filed complaint in the Commission on 28.03.2013 under Section 18 of the RTI Act, 2005.

2. Notice was issued to the parties for hearing on 14.05.2013 in the Commission.

3. The complainant states that in compliance with the direction of the Commission on 14.05.2013 he has inspected the record in the office of PIO pertaining to Gandhi Nagar Area but he could not locate the record needed by him.

Cont…..p2



COMPLAINT CASE NO. 1345 of 2013

4. Sh. Jaspal Singh Superintendant office of Municipal Corporation, Patiala states that the due opportunity was provided to the complainant in compliance with Commission’s order on 14.05.2013. He has inspected the record of the office of PIO pertaining to Gandhi Nagar Area on 09.07.2013.

5. After hearing both the parties it is observed that the PIO afforded opportunity of the inspection to the complainant to trace the particulars needed as information. The information can be provided only if it is available on the record. The complainant is at liberty to file another RTI application for seeking information in future mentioning the correct details of the information needed including the period, if he so desires. In view of above, the complaint case is closed and disposed of.

6. Announced in the Court. Copy of the order be sent to the parties.



Sd/-

Chandigarh (Parveen Kumar)

Dated: 23.07.2013 State Information Commissioner

STATE INFORMATION COMMISSION, PUNJAB

SCO No. 84-85, Sector 17-C, CHANDIGARH.

Visit us @ www.infocommpunjab.com



COMPLAINT CASE NO. 1488 of 2013
Sh. Ashok Kumar Singla

S/o Late Sh. Bachna Ram,

R/o Old Grain Market Opposite

Punjab & Sind Bank, Sunam,

Distt. Sangrur. ………..Complainant

Vs

Public Information Officer,

O/o Executive Officer, Municipal Council,

Sunam, Distt. Sangrur. ..……………Respondent


Present: Sh. Madan Khullar on behalf of the complainant.

For the respondent: Sh. Gurtej Singh, Property Clerk O/o Executive Officer, Municipal Council, Sunam, Distt. Sangrur.



ORDER


  1. Sh. Madan Khullar on behalf of the complainant is present in the Commission and seeks an adjournment.

  2. Sh. Gurtej Singh, Property Clerk O/o Executive Officer, Municipal Council, Sunam, Distt. Sangrur states that the requisite information was sent at the address given by the complainant who refused to receive it and has been returned to the PIO.

  3. On the request of the complainant, the matter is adjourned for further hearing on 19.08.2013 at 2:00 P.M.

4. Announced in the Court. Copy of the order be sent to the parties.

Sd/-

Chandigarh (Parveen Kumar)

Dated: 23.07.2013 State Information Commissioner

STATE INFORMATION COMMISSION, PUNJAB

SCO No. 84-85, Sector 17-C, CHANDIGARH.

Visit us @ www.infocommpunjab.com


COMPLAINT CASE NO. 1683 of 2013

Smt. Harjit Kaur widow of Sh. Balbir Singh

R/o House No. 375, Phase-11,

S.A.S.Nagar, Mohali. ……………….Complainant



Vs

Public Information Officer,

O/o Superintendant House Tax,

Municipal Corporation, Near NIS,

Patiala. ..……………Respondent
Present: None for the complainant.

For the respondent: Sh. Ravdeep Singh APIO-cum-Superintendant House Tax Branch (96460-46014) and Sh. Ashok Vij, Law Officer for the Municipal Corporation, Patiala. (96460-60711)



ORDER


  1. None on behalf of the complainant is present at today’s hearing. This case was fixed for arguments today. Last opportunity is provided to the complainant for arguments on the next hearing in the Commission. The matter to come up for arguments on 19.08.2013 at 2:00 P.M.

2. Announced in the Court. Copy of the order be sent to the parties.

Sd/-

Chandigarh (Parveen Kumar)

Dated: 23.07.2013 State Information Commissioner

After the Court proceedings Sh. Naginder Singh Vashist, Advocate on behalf of the complainant is present and has been briefed about proceedings of the Court.



Sd/-

Chandigarh (Parveen Kumar)

Dated: 23.07.2013 State Information Commissioner


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