STATE INFORMATION COMMISSION PUNJAB SCO No. 32-33-34

STATE INFORMATION COMMISSION PUNJAB SCO No. 32-33-34, SECTOR-17-C,CHANDIGARH.

(www.infocommpunjab.com)Shri Baldev Singh,S/o Shri Atma Singh,# 276, Gali No.9, Bhagwani Nagar,Majitha Road, Amritsar. Complainant

VsPublic Information Officer,O/o XEN, Drainage Department,Water Supply Division, Amritsar. Respondent

CC No.2015/2008

Present: Shri Baldev Singh, Complainant, in person.Shri Daljit Singh,JE, on behalf of the Respondent.

ORDER

1. Shri Daljit Singh, J.E. makes a written submission of Shri Rakesh

Anand, XEN, Drainage Division, Amritsar vide which he(XEN) has requested for

exemption from personal appearance on 17.12.2008 before the Commission at

Ravi Sadan, Shahpur Kandi near Pathankot in the instant case as he has to

appear in the Hon’ble Court of Shri Manmohan Huria, IAS(Retd), Commissioner

Enquiries, on 17.12.2008.

2. The Complainant Shri Baldev Singh states that no information, as

per the directions given on the last date of hearing on 6.11.2008, has been

supplied to him. He brings to the notice of the Commission that the Government

land belonging to the Irrigation Department (Drainage Division) as per the

revenue Record is being sold illegally by the encroachers in connivance with the

Revenue Staff.

3. The Complainant Shri Baldev Singh has demanded specific

Cont..p/2

http://www.infocommpunjab.com/

CC No.2015/2008 -2-

information about the Tung Dhab now Pakki Sarak, near Gurudwara Sri

Kalgidhar Patshahi Daswin, Mata Kaulan Marg, Amritsar. Shri Baldev Singh

brings to the notice of the Commission that a similar Case No.CC-1366/2008 is

being heard by Hon’ble State Information Commissioner Shri P.P.S.Gill and the

next date of hearing has been fixed for 22nd December, 2008 in the Court No.2 in

SCO No.32-34, Sector:17-C,Chandigarh at 2.00 PM.

4. The Complainant has demanded the information on the same point

from the two Public Information Officers, i.e. one from Municipal Corporation,

Amritsar and the other from the Executive Engineer, Drainage Department,

Amritsar. The Complainant states that the information belonging to the Municipal

Corporation, Amritsar has been supplied stating that the Pakki Sarak in the land

encroached upon belongs to Irrigation Drainage Department. The Complainant

pleads that the instant case No. CC-2015/2008 may be transferred to the Bench

of Hon’ble State Information Commissioner Shri P.P.S.Gill for further hearing

alongwith CC No. 1366/2008, which has been fixed for 22.12.2008.

5. It is directed that the Registry may put up the instant case CC

No.2015/2008 to the Hon’ble Chief Information Commissioner to get his approval

for transferring the same to the Bench of Hon’ble State Information

Commissioner Shri P. P. S. Gill, on the request of the Complainant.

6. Copies of the order be sent to both the parties and to the Registry.

Sd/-Place : Shahpur Kandi(Pathankot) Surinder SinghDated: 17.12. 2008 State Information Commissioner


(www.infocommpunjab.com)

Shri Nirbhai Singh Sidhu,SDO(Retd),Village: Khirnian, PO: Mushkabad-141 114 Complainant

Vs

Public Information Officer,O/o XEN Irrigation, RSD Project,Shahpur Kandi,Near Pathankot, District: Gurdaspur. Respondent

CC No.2057/2008

Present: None is present on behalf of the Complainant.

Shri A.K.Bharti,XEN(Personnel Division), Shri Chander Kant,AE-cum-APIO, Shri Lekh Raj,Assistant Controller(F&A), Shri Surinder Mohan, Section Officer and Shri Ravinder Kumar, Senior Assistant, on behalf of the Respondent.

ORDER

1. The case was last heard on 11.11.2008 when it was directed that

the case will be heard at Ravi Sadan Rest House at Shahpur Kandi, near

Pathankot on 17.12.2008 at 1100 hrs.

2. Shri Lekh Raj, Assistant Controller (FA&CAO) on behalf of the

Respondent brought to the notice of the Commission that Shri Nirbhai Singh

Sidhu, SDO (Retd) Complainant has visited the office of the Assistant Controller

on 25.3.2008 for inspection of the record/documents. After inspection, he has

given in writing to the Department that he has inspected the record for payment

of TA Bills, Project Allowance and Field Allowance for the period from Oct.,1991

to Feb., 1999. Shri Lekh Raj on behalf of the Respondent states that as per the

inspection, requisite information running into 8 (eight) sheets, has been supplied

to the Complainant, vide Memo No.3035-38/22 OE, dated 10.11.2008.

Cont…p/2


CC No.2057/2008 -2-

3. Shri Lekh Raj, Assistant Controller on behalf of the Respondent

further states that payment of TA Bills for Oct.1998 and Feb.1999 has been

made to the Complainant during July, 1999 through his Bank Account Number in

State Bank of India, Jugial. TA Bills of Jan.1999 is not received as stated by the

Complainant vide his letter No.1322/5A, dated 16.3.1999. So, the payment of TA

Bills of the months for which the bills, submitted by the Complainant, has been

made.

4. Shri Lekh Raj, on behalf of the Respondent further states that, no

doubt, there is Notification dated 1.7.1981, but according to this Notification, the

interest on the missing credits is to be made if pointed out by the Complainant

within a period of three months. He states that the Complainant has made a

representation after a period of seven years and the interest on the missing

credits of G.P.F. has been made to the Complainant including the interest of the

missing credits up to the date of retirement.

5. The Respondent states that the Project allowance and Field

allowance have been made to the Complainant as per the requisitions sent by

the concerned Divisions of the Field to the FA & CAO.

6. The Respondent further states that the statement of G.P.F. is being

made to the Complainant as and when he demands.

7. Shri A.K.Bharti, PIO-cum-Executive Engineer, Personnel Division,

Shahpur Kandi pleads that since the information as available on the record, has

been supplied to the Complainant, the case may be closed.

8. Accordingly, the information as available on the record of the

Project, has since been supplied, the case is disposed of.9. Copies of the order be sent to both the parties.




Shri Panna Lal Chawla,S/o Shri Mehar Chand Chawla,# 1305, Namak Mandi, Amritsar-143 001 Complainant

Vs

Public Information Officer,’O/o General Manager,District Industries Centre,Amritsar. Respondent

CC No.2215/2008

Present: None is present on behalf of the Complainant.

Shri Varinder Singh Walia,APIO-cum-Project Manager,DIC Amritsar,on behalf of the Respondent.

ORDER

1. The case was last heard on 17.11.2008 when the information was

supplied to the Complainant in the Court and the directions were issued to the

Complainant to go through the information and submit his

response/observations, if any, to the Department and Commission by 2nd

December, 2008 and similarly, PIO will send his response to the

observations/comments made by the Complainant as per his original demand by

15.12.2008 to the Complainant and Commission.

2. Shri Varinder Singh Walia,APIO-cum-Project Manager states that

the Complainant has not made any submission of his comments/observations to

the Department by 2nd December, 2008 and till now.

3. The APIO pleads that the information had been supplied on the last

Cont…p/2


CC No.2215/2008 -2-

date of hearing and no comments/observations have been sent by him. It shows

that he is satisfied with the information supplied to him. He pleads that the case

may be closed.

4. Accordingly, the case is disposed of.5. Copies of the order be sent to both the parties.


6. Shri Panna Lal Chawla appears after the hearing in the case is

over. He pleads that the information supplied by the Respondent is misleading.

He makes a written submission of his observations/comments on the information

supplied to him. It is directed that the Complainant will hand over one copy of the

written submission to Shri Varinder Singh Walia, Project Manager-cum-APIO in

his office at Amritsar.

7. On the request of the Complainant, the case is fixed for further

hearing on 29.01.2009 at Chandigarh (SCO No.84-85, Sector: 17-C).




Shri Rakesh Kumar,S/o Shri Girdhari Lal,VPO: Babri Nangal, Tehsil & District:Gurdaspur. Appellant

Vs

Public Information Officer,O/o Executive Engineer, Personnel Division,RSD-Project,Shahpurkandi, Distt.Gurdaspur. Respondent

AC No.350/2008

Present: Shri Rakesh Kumar, Complainant, in person.

Shri Devinder Singh,XEN Township Division RSD-Shahpur Kandi, Shri Chander Kant,Assistant Engineer-cum-APIO, Shri A.K.Bharti, XEN-cum-PIO Personnel Division RSD-Shahpur Kandi, Shri Lekh Raj,Assistant Controller(Finance & Accounts),Shri M.L.Sabharwal, SDO and Shri Ravinder Kumar, Senior Assistant on behalf of the Respondent.

ORDER

1. Shri A.K.Bharti, XEN-cum-PIO states that the information in the

instant case relates to Executive Engineer, Township Division RSD-Shahpur

Kandi. He further states that the concerned Public Authority has been requested

to supply the information. Shri Devinder Singh, XEN Township Division RSD

Shahpur Kandi states that information relating to before April/1998 is missing and

could not be supplied in time.

Cont..p/2


AC No.350/2008 -2-

2. The PIO further states that the information has been supplied after

getting it collected from other Divisions/Sub-Divisions. He further states that the

copy of the Service Book has been supplied to the Complainant. The

Complainant states that the copy of the Service Book supplied to him, is

misleading and the correct date of appointment as skilled helper has not been

entered in the Log-Book. He states that on my representation, the XEN has

constituted a Committee comprising of three SDOs to verify facts. He further

states that the Committee has given its report that the Service Book may be

rectified as per the available record with the XEN Township

Division, RSD-Shahpur Kandi.

3. Shri Devinder Singh, XEN Township Division, RSD-Shahpur Kandi

states that he has joined this Division on 12.12.2008 and assures the

Commission that the action will be taken to rectify the Service Book as per the

recommendations of the Committee constituted by the XEN Township Division,

RSD-Shahpur Kandi.

4. The Complainant states that the information has been delayed,

action may be taken as per the RTI Act against the PIO-cum-XEN Township

Division, RSD-Shahpur Kandi.

5. Shri A.K.Bharti, XEN-cum-PIO Personnel Division RSD-Shahpur

Kandi states that, no doubt, the information has been delayed, but as the

information is to be collected from the other Public Authorities of the RSD

Project, it takes time to collect the information, the penalty may not be imposed.

6. I am satisfied with the explanation, made by the PIO in the Court

today and directed that, in future, the RTI applications will be dealt

immediately/promptly and the information available on record will be supplied to

the Complainant/Appellant. He has also assured that the Service Book will be

rectified as per the recommendations of the Committee after getting approval

from the competent authority.

Cont..p/3

AC No.350/2008 -3-

7. Since the information as available in the record, has been supplied,

the case is disposed of. 8. Copies of the order be sent to both the parties.




Shri Yogesh Mahajan,President, Anti Corruption Council,Opp.Water Tank, Municipal Market,Mission Road, Pathankot. Appellant

Vs

Public Information Officer,O/o XEN Personnel Division,RSD Project, Shahpur Kandi Township,Tehsil: Pathankot, Distt. Gurdaspur. Respondent

AC No.411/2008

Present: None is present on behalf of the Appellant.

Shri R.L.Mittal, XEN Communication Division, RSD Shahpur Kandi Project, Shri A.K.Bharti, XEN-cum-PIO, Personnel Division, RSD Shahpur Kandi, Shri Chander Kant, AE-cum-APIO and Shri Ravinder Kumar, Senior Assistant, on behalf of the Respondent.

ORDER

1. Shri R.L.Mittal, XEN Communication Division, RSD Shahpur Kandi

Project, states that the information is ready with him since 25.7.2008 and the

Appellant has been informed vide letter No.1772-75/220-E, dated 5.8.2008 and

letter No.2736-39/220-E, dated 23.10.2008 to deposit Rs.7578/-(Rupees Seven

Thousand Five Hundred and Seventy-eight only) towards the cost of the

information. The PIO further states that the Appellant was again asked vide letter

No.2961-63/220-E, dated 5.11.2008 to deposit the necessary charges for the

information and collect the information from his office.

Cont..p/2


AC No.411/2008 -2-

3. On the last date of hearing on 18.11.2008, the Appellant was not

present and therefore, one more opportunity was given to the him to collect the

information after depositing the necessary charges with the PIO.

4. Shri R. L. Mittal, XEN Communication Division RSD-Shahpur Kandi

and Shri A. K. Bharti, XEN Personnel Division RSD-Shahpur Kandi-cum-PIO

plead that since the Appellant has failed to collect the information after depositing

the necessary charges as per the order of the Commission dated 18.11.2008, the

case may be closed.

5. Since the Appellant has not collected the information despite the

orders of the Commission dated 18.11.2008 and the requests made by the PIO

vide a number of letters, the case is disposed of.

6. Copies of the order be sent to both the parties.


7. Shri Yogesh Mahajan, Appellant, appears before the Commission

after the hearing in the case is over. He pleads that he may be heard in the

instant case. On his request, he is allowed to argue the case. He pleads that

Cont..p/3

AC No.411/2008 -3-

The information be supplied free of cost as the information has not been supplied

within stipulated period. He further pleads that he may be allowed to inspect the

record in the office of XEN Communication Division RSD-Shahpur Kandi so that

he could identify the information required by him. Accordingly, he is directed

to visit the office of Communication Division RSD-Shahpur Kandi on any working

day to inspect the record and identify the information required by him. The PIO

is directed to supply the information, after identification, to the Appellant after

receiving necessary charges for the information.

8. Since the information is readily available with the XEN

Communication Division RSD-Shahpur Kandi, the case is disposed of.

Sd/-Place : Shahpur Kandi (Pathankot) Surinder SinghDated: 17.12. 2008 State Information Commissioner



Shri T.R.Sharma, SDO(Retd),Adarsh Bhawan, Opposite U-1 Houses,Vill: Chhani Mualan,Shahpur Kandi Township-145029 Complainant

Vs

Public Information Officer,O/o XEN Personnel Division,RSD Project, Shahpurkandi T/ship-145029 Respondent

CC No.1856/2008

Present: Shri T.R.Sharma, Complainant-in-person along with Shri Tirath Singh

Shri A.K.Bharti,XEN Personnel Division RSD Shahpur Kandi, Shri Chander Kant,AE-cum-APIO, Shri Lekh Raj,Assistant Controller, Shri Surinder Mohan, Section Officer and Shri Ravinder Kumar, Senior Assistant, on behalf of the Respondent.

ORDER

1. Heard both the parties.

2. The Application dated 13.9.2007 received from Shri T.R.Sharma,

SDO (Retd) for information on 11(eleven) points is argued in the Court with both

the parties. The PIO-cum-XEN Personnel Division RSD-Shahpur Kandi states

that the information relating to Sr.No.1 has been supplied except copy of the

Rules/Financial Competency. It is directed that Shri Lekh Raj, Assistant

Controller (F&A) will supply the copy of Rlules/Financial Competency to the

Complainant within fifteen days.

Cont..p/2


CC No.1856/2008 -2-

3. The information on other points is argued in the Court and it is

directed that Shri A.K.Bharti,PIO-cum-XEN Personnel Division RSD-Shahpur

Kandi will call a meeting of all the deemed PIOs of the Divisions of the Project to

whom the information relates in his office within a week’s time and collect the

information from all the deemed PIOs and will supply the information to the

Complainant within a period of one month. Shri A.K.Bharti, PIO-cum-XEN

Personnel Division assures the Commission that the information will be collected

from all the Public Authorities and will be supplied to the Complainant within a

period of one month and pleads that the case may be closed.

4. Accordingly, the case is disposed of with the direction that Shri

T.R.Sharma, Complainant is free to approach the Commission if the information

is not supplied by 20th January, 2009.





Shri Tirath Singh, President,Retired Workmen Employees Welfare Association,Adarsh Bhawan, Village: Channi Mualan,Shahpur Kandi Township, Disttrict: Gurdaspur. Complainant

VsPublic Information Officer,O/o Executive Engineer,Personnel Division, RSD Project,Shahpurkandi Township, Distt.Gurdaspur. Respondent

CC No.1505/2008

Present: Shri Tirath Singh, Complainant, in person along with Shri T.R.Sharma, SDO (Retd) and Shri Parvesh Kumar.

Shri A.K.Bharti,XEN Personnel Division RSD-Shahpur Kandi, Shri Chander Kant,AE-cum-APIO, Shri Lekh Raj, Assistant Controller(F&A), Shri Surinder Mohan, Section Officer and Shri Ravinder Kumar, Senior Assistant, on behalf of the Respondent.

ORDER

1. In this case the Complainant has demanded information on

following four points vide his application No. 3-4/TS, dated 15.4.2008:-

(i) Total number of workmen category-wise – regarding.

(ii) Total number of regular workmen – regarding.

(iii) Number of retirees died – regarding.

(iv) How many cases of workmen sent to A.G(A&E) Punjab – regarding.

2. The PIO-cum-XEN, Personnel Division, RSD Project states that

he requested the Executive Engineers of various Divisions to supply the

Contd……p/2


CC No.1505/2008 -2-

information concerning their offices as demanded by the Complainant vide his

application dated 15.4.2008. He further states that he received some information

from different Executive Engineers and supplied to the Complainant without

compiling it as it is length and would have taken much more time to compile the

same. The Complainant states that he wants compiled information of all the

Divisions.

3. After detailed deliberations held in the court today, it is decided

that the PIO-cum-XEN, Personnel Division, RSD Project will supply the

information to the Complainant by giving compiled figure of the information in the

covering letter and attaching the information received from different Divisions as

Annexure.

4. Shri A. K. Bharti, XEN, Personnel Division RSD Project, Shahpur

Kandi assures the Commission that the information, as per the deliberations held

today in the court, will be supplied to the Complainant within a period of one and

a half month. He pleads that the case may be closed.

5. Accordingly, the case is disposed of with the direction that the

Complainant is free to approach the Commission again if the information is not

supplied to him by 5th February, 2009.


Sd/-Place : Shahpurkandi (Pathankot) Surinder SinghDated :17.12. 2008 State Information Commissioner



Shri Tirath Singh, President,Retired Workmen Employees Welfare Association,Adarsh Bhawan, Vill:Channi Mualan,Shahpur Kandi Township, Distt.Gurdaspur. Complainant

Vs

Public Information Officer,O/o Executive Engineer,Personnel Division, RSD Project,Shahpurkandi Township, Distt.Gurdaspur. Respondent

CC No. 1505-A/2008


Shri A.K.Bharti,XEN Personnel Division RSD-Shahpur Kandi, Shri Chander Kant,AE-cum-APIO, Shri Lekh Raj,Assistant Controller(F&A), Shri Surinder Mohan, Section Officer and Shri Ravinder Kumar, Senior Assistant, on behalf of the Respondent.

ORDER

1. The Complainant has demanded the information on following three

points vide his Application No. 5-6/TS, dated 15.4.2008 :

(i) How many employees, whose annual increments were due to grant for the last six months prior to 15.4.2008 and how many have been granted, balance if any, have not been granted why so ?

(ii) Annual increments cannot be withheld without speaking order and reasons and without applying Punishment and Appeal Rules, 1970.

(iii) This information is required especially from Electrical Division and Plant Erection and Rigging Division/RSD-Shahpurkandi.


Contd…..p/2CC No. 1505-A/2008 -2-

2. The Respondent-XEN, Personnel Division, RSD, Shahpurkandi

states that the requisite information is to be collected from Electrical Division,

Plant Erection and Rigging Division/RSD-Shahpurkandi, for which the necessary

notice has been issued to the concerned Executive Engineers/Public Authorities

to supply the information. During arguments, the Complainant states that he has

asked information relating to Serial No.1 from all the Executive Engineers of all

the Divisions working for the Ranjit Sagar Dam.

3. After arguments, it is directed that the PIO will supply the

information as per the demand of the Complainant after getting it collected from

all the Divisions within a period of one and half month.

4. The PIO assures the Commission that the information will be

supplied within the stipulated period and pleads that the case may be closed.


Complainant is free to approach the Commission, if the information is not



Sd/-Place: Shahpurkandi (Pathankot) Surinder SinghDated: 17.12. 2008 State Information Commissioner



Shri Tirath Singh,President,Retired Workmen Employees Welfare Association,Adarsh Bhawan, Vill:Channi Mualan,Shahpur Kandi Township, Distt.Gurdaspur. Complainant

VsPublic Information Officer,O/o Executive Engineer,Personnel Division, RSD Project,Shahpurkandi Township, Distt.Gurdaspur. Respondent

CC No. 1505-B/2008


Shri A.K.Bharti,XEN Personnel Division RSD-Shahpurkandi, Shri Chander Kant,AE-cum-APIO, Shri Lekh Raj,Assistant Controller(F&A), Shri Surinder Mohan, Section Officer and Shri Ravinder Kumar, Senior Assistant, on behalf of the Respondent.

ORDER

1. The Complainant has demanded the following information vide his

application No. 4-5/TS, dated 15.4.2008 :

(i) Please give detail of all such amount as paid being the interest by your Department up to 31.3.2008 from 1992 & whether responsibility of the officer/official fixed for the loss to the public money due to their lapses and if not why ?

(ii) What action taken against them for this loss to the public money.

2. Shri A.K.Bharti, PIO-cum-XEN, Personnel Division RSD-

Shahpurkandi states that the information is voluminous and is to be collected

Cont…p/2


CC No. 1505-B/2008 -2-

from all the Executive Engineers/Public Authorities of RSD Project. He further

states that the Complainant has demanded information for about sixteen years

i.e. from 1992 to 31.3.2008. The PIO pleads that during last fifteen years, some

Divisions/Circles have been re-organized and some Divisions/Circles have been

closed, therefore , it will take time to collect the information from all the Public

Authorities of the Ranjit Sagar Dam. He assures that the information will be

collected and supplied to the Complainant within a period of one and half month

and requests that the case may be closed.


Complainant is free to approach the Commission again if the information is not




Documents

STATE INFORMATION COMMISSION PUNJAB SCO No. 32-33-34