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Grahak Jago - Right To Information
Act 2005
RTI Act 2005 in
English or
Hindi
To Madan Lal : " You are an Indian Citizen by birth as per section 3(1)(a) of Citizenship Act 1955 and the rules made thereunder, subject to the provisions of section 9(1) of Citizenship Act 1955."
As per Certificate No.: 26027/17/2016-IC-I
issued by Government of India, Ministry of Home Affairs, NDCC-II Building, Jai Singh Road, New Delhi 23 May 2016.
with a request to upload on MHA's website.
Paid Services
RTI APPLICATION
(For Information from Govt Department or
Semi Govt Department or
information
relating to any private body which can
be accessed by a public authority under
any other law for the time being in
force; ) |
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Charges |
To Suggestion of RTI Application after Analyses your Problem.
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INR 550/- |
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RTI 1st Appeal
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To Suggestion of First Appeal
If Information Not Received with in 30
Days or Incomplete information received |
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INR 750/- |
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RTI 2nd Appeal /
Complaint |
To Suggestion of Second
Appeal If Information Not Received with
in 45 Days or Incomplete information
received |
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INR 1000/- |
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Personal Hearing On
Behalf of Appellant/Complainant |
To Suggestion of Relative
Document for The Case,
+ Extra Charges
To Appear
before Information Commission |
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INR 1500/- |
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Contact To :
Madan Lal - (RTI Activist since
March 2007)
Mob : 98723-67068 (10:00 am - 6:00 pm)
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Prove you're Indian :: Govt to RTI
Applicant -
Punjab Kesari 16.June.2016
Application to Apply for Indian
Citizenship Certificate
Performa Application
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Info panel can't let off erring
officer(Public Information Officer) with
just a warning : HC
Click to View |
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Our Efforts :
- Recently in Appeal Case 1638 of
2020 of Madan Lal Vs PIO o/o EO,
Nagar Council Jaito represented by
Lajpat Rai :-
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A Penalty of Rs.5,000/- is imposed on the Sh.Gurdas
Singh, PIO-NC Jaito which will be deposited in the Govt. Treasury....
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The PIO is
also directed to provide information
to the appellant as decided at the
hearing on 16.08.2021.
Sh. Khushwant Singh
- Appeal Case AC -
3542 of 2014 has been represented by
Madan Lal
in which on dated : 6.Oct.2015
- 2:00 pm Hon'able State Information
Commission Punjab has
imposed Penalty Rs.25,000/-
on PIO and
Awarded Compensation Rs.10,000/- to
Appellant.
Click to View
- Chief Information
Commissioner has Ordered to Inquire
the Matter With In 2 Months Time
Frame : -
PIO informs that the appellant has
inspected the record and information
running into 5 pages has been
supplied to him. He further informs
that the inquiry into the matter is
to be conducted by Regional Deputy
Director, Local
Bodies, Ferozepur. He assures that
as and when the inquiry is complete,
the remaining information will be
supplied to the appellant.
Accordingly, Regional Deputy
Director Local Government, Ferozepur
is directed to complete the inquiry
in a time bound manner within 2
months and necessary action be taken
under the provisions of RTI Act,
2005, which mandates to ensure
transparency as well as
accountability.
Appeal Case No. 1391 of 2017 Dated :
24.July.2017
- It is found that due to
evasive and irresponsible behavior
of the respondent PIO
concerned the appellant has suffered
a lot of determinants for not
getting the requisite information on
time, even after paying the demanded
documentation on time and that too
is demanded in excess. I am of the
view that compensation be awarded to
the appellant, Sh. Sandeep Kumar.
Hence I award a compensation
of Rs. 1,000/- (One Thousand) to the
appellant. The compensation
amount must be paid through Cheque
or demand draft in favour of Sandeep
Kumar from the account of Public
Authority concerned and not from the
individual’s account.
The respondent PIO is also directed
to refund the full amount of
documentation fee i.e. Rs 400/- to
the appellant and the information
provided is considered as free of
cost.
Incomplete Information has been
provided to him as the appellant has
paid Rs 400/- as documentation fee
for 200 pages as demanded by the
respondent PIO but the respondent
has provided only 95 pages and rest
105 pages are pending.
PIO, on this states and assures that
complete available information has
been provided to the appellant and
by mistake Rs 400/-
was demanded from the appellant. On
this, Sh. Madan Lal the
representative of appellant show his
dissatisfaction stating that
The respondent PIO has also demanded
RS 100/- for 50 pages in Appeal Case
no. AC -3348 of 2016 to be heard
today and similarly provided less
no. of pages i.e 07 pages and
documentation fee comes out to be Rs
14/- only. He further added that
this has also been done in previous
RTI requests.
APPEAL CASE NO. 3322 of 2016 Dated :
26.July.2017
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Appeal No. 1442 of 2014 Decided
on : 11.Dec.2015 has been
represented by us,
in which State Consumer Dispute Redressal Commission Punjab has ordered
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"The respondents/Op Nos. 1 & 2 are further directed not to charge
enhanced rate of R.O. water then as agreed in the agreement dated 2.5.2011,
until the enhanced rates are approved by the Joint Committee headed by
Deputy Commissioner/Chairman District Planning Board, Bathinda as per Point
No. 7.3 of the agreement. Op Nos. 1 & 2 are also directed to go for Uranium
test of the water periodically as per agreement."
i.e.Six month Basis
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Some Important Orders / Section Wiseb> |
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Second Appeal Against Punjab Gramin Bank
should be sent to Central Information Commission
New Delhi.
CC - 648/2011 dt : 4.April.2011 Sh. Surinder
Singh
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Appeal Case Disposed of and closed on
dated 16.Feb.2016 without providing full
information by Sh. R.S. Nagi - Commissioner.
On the request of appellant (our active Member)
to Hon'ble Chief Information Commissioner
Punjab, the appeal case AC-560 of 2015 has been
re-opened and transferred to the bench of Sh.
A.S. Chanduraian for further hearing fixed on
30.05.2016
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Section - 2(f)
- Further, information which a public
authority can access under any other law from a
private body is also ―information‖ under section
2(f). The public authority should be entitled to
ask for the said information under law from the
private body. WPC 7265 of 2007
Hon'able High
Court Delhi
- Receive Information relating to private body
which can be accessed by a public authority
under any law for the time being in force
Click here to View
Dated : 07.Nov.2008 (SICP)
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Click here to view Dated : 02.08.2007 (CIC)
Section - 2(h)(d)
The CMC, Ludhiana is hereby declared to be a
public authority under Section 2 (h) of the RTI
Act
04.May.2012 Sh. R.I. Singh
NGOs that get Govt grant covered under RTI Act 09.Aug.2011
SIC
Non-Government Organization substantially
financed, directly or indirectly by funds provided
by the appropriate Government
Click here to view Dated : 26.02.2010 (SICP)
Public Utility service providers are under RTI
Act, So gas Agencies should come under RTI Act
Click here to view
Section - 2(j)
- The appellant’s contention that he is
entitled to seek information under RTI Act and
not by paying prescribed fee under other
provisions/ regulations on the account of
premises that Section 22 of the RTI Act
overrides other Acts is not legally sustainable.
06.April.2016 FB - on Page 13
- Once the information is in a public domain it
cannot be said to be “held” by the respondent
public authority
06.April.2016 FB - on Page 13
- Information already available in the public
domain would not be treated as information held
by or under control of public authority pursuant
to sec 2(j) of the right to information act
2005. Therefore the provisions of RTI 2005 would
not be applicable for providing copies of such
documents / information to the public. :
Departmental Circular 1/2006 Ministry of Company
Affairs
view
'Section 610 of the companies act, 1956 provide
that any person may inspect any document kept by
ROC and obtain copy of any document from the ROC
concerned on payment of prescribed fee' :
Decision of Hon'rable MM Ansari
(Information Commissioner) Dated : 29.March.2006
Section - 2(j)(ii)
The PIO (S.S.P.) is now directed to again send the entire information to the appellant
duly attested by the PIO (S.S.P.) by registered post. (Last line of para 4)
Final Order in AC - 1842/2022 dt : 7.June.2022
PIO provide information as "Attested to
be True Copy" instead of Certified
Copies, when appellant appeal and objection /
demanded information as per
RTI Sec 2 (j)
(ii) "taking
notes, extracts or certified copies of
documents or records;" then
Appellate authority i.e
Commissioner ordered to provide
certified copies of information to the
appellant.
Ordered for Certified Copy
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Section - 3
Application to Apply for Indian Citizenship
Certificate
Performa Application
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Matter is sub-judice should not discourage
citizen from seeking information to prove his or
her innocence.
Click here to View
CIC -
Dated : 10.April.2007
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Information Seeker should not apply as secretary
or president etc. of organization
See : CC-109/2009 dt : 31.03.2009 of State
Information commission Punjab.
Click to View
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Association would not come under the definition of
citizens
KIC 72 APL 06
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Section - 4
- Sec 4(1)(a)
Indane said that list of gas agency's
all consumers names, consumer numbers and
address in CD not separated from our
software but when CIC Delhi Ordered then
Indane provided the above said information
in CD -
Click to View
- Not Acceptable Bland Submission by the PIO
("Record is Not Available"),
So Responsibility Fixed for loss of Records.....
Click here to View
Dated : 08.July.2008 and 27.08.2008
- Respondent is directed to supply legible
copy of the information asked for,
Further DFSC is directed to direct his
staff to maintain all receipt & dispatch
register as per rules because More Than One letter (with the Addition of
"A") are kept Under Same serial no. by
DFSC
Office Bathinda
Click here to View
Dated : 20.Nov.2008
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Sec 4(1), 4(2)
Based on conjoint reading of preamble
to the RTI Act and its Section 19(8) and Section
4.1& 4.2 , the Commission directs the public
authority through its head i.e. Vice Chancellor
to henceforth ensure that the Selection
Committees put up their criteria for selection,
including for None found Suitable in public
domain to ensure transparency in selection. Such
criteria can't be confidential or "opaque."
SICP 11.06.2015
Click to View
- Sec 4(1)(b)
Section 4(1) (b) mandates a Public Authority proactively to make public the salaries and allowances of the employees with it. The qualifications of the officials should also be in public domain as they occupy a public office. The respondents accordingly are advised to furnish the information available with them even if the employees have been outsourced from a service provider.”
21.12.2017 (11:30 am)
- Sec 4(1)(b)(xiii)
To Control malpractices by Gas Agency then
Consumer can ask for list of consumers held by
LPG Distributors
Click here
- Sec 4(2)
The requirements of clause (b) of sub-section (1) to provide as much information suo motu to the
public at regular intervals through various means of communications, including internet, so that
the public have minimum resort to the use of this Act to obtain information.
Click here
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Section - 5
- Nomination of an officer to act as the PIO at
Bharat Petroleum Corporation Bathinda
Click to View
- Nomination of an Officer who should act as
an APIO in the Bhathinda region
Click to View
Section - 5 (4)
- Penalty on Mr. Antony, Engineering Officer
to Chief Engineer & Deemed PIO
Click to View CIC 26.April.2012
- The respondent PIO is hereby directed to
write to said offices/branches under Section
5(4) and 5(5) of the RTI Act 2005
Sh. Asit Jolly dated : 17.08.2022 Adj.
- Post deliberations, the PIO Shri
Bhupinder Singh states that Shri Sandeep
Singh Sidhu, A.P.O. and Shri Preet Bhateja,
A.P.O. are the concerned officials who may
also be called for the hearing. The PIO Shri
Bhupinder Singh is directed to coordinate
with these officials and supply hard
copy of information sought by the appellant.
The PIO Shri Bhupinder Singh, Shri Sandeep
Singh and Shri Preet Bhateja, APOs O/o BDPO
Fazilka are directed to come present in
person before the Bench on the next date of
hearing.
Lt. Gen Ajae Kumar Sharma : 07.09.2022 Adj.
Section - 5 (5)
- The respondent PIO is hereby directed to
write to said offices/branches under Section
5(4) and 5(5) of the RTI Act 2005
Sh. Asit Jolly dated : 17.08.2022 Adj.
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Section 6
The fee, assessed under sub-rule (3), shall
be informed to the applicant by the State Public
Information Officer in Form 'D' within a period
of ten days from the receipt of application.
Order of Punjab State Information
Commissioner (Hem Inder Singh dated :
10.Jan.2018)
The representative of respondents states that the appellant was asked to deposit the fee amounting to Rs. 80/- for getting information, but he has not deposited the same as yet. He is asked whether the appellant was informed within the ten days time prescribed for depositing the fee. He says that the respondents wrote after 27 days of the receipt of RTI application. As the appellant was not asked to deposit the fee within the prescribed time of ten days, therefore, the respondents are directed to supply the information free of cost before the next date of hearing
Appeal Case No. 2307 of 2017 dt. 10.01.2018
Order of Punjab State Information
Commissioner (Prof. ehra dated :
10.May.2017)
After hearing the respondent, it is ascertained
that the respondent has demanded the fee after
the expiry of ten days. Therefore, the
respondent is directed to refund the money to
the complainant by demand draft within ten days
under intimation to the Commission. If the
orders of the Commission will not be complied
with, a penalty provision shall be invoked
against the PIO as per RTI Act, 2005.
Complaint
Case No. 1544 of 2016
Section - 6 (2) - I D ProofIdentity
Proof Under RTI Act
- In making the said request the applicant is
not required to give
............................................ or
any other personal details excepting those which
are necessary for contacting him
Chief Information Commissioner Punjab (on Second
Last Page)
- In making the said request the applicant is
not required to give
............................................ or
any other personal details excepting those which
are necessary for contacting him
Supreme Court (in para [24])
2012(1) RCR (Civil)374
- An applicant making request for information
shall not be required to give any reason for
requesting the information or any other personal
details except those that may be necessary for
contacting him
Section 6
(2) of RTI Act
- PIO demanded identity proof from applicant
but Honorable Chief Information Commissioner Punjab ask to
provide information. Identity proof is required
only in all complaints.
24.Aug.2015
- Deemed PIO demanded identity proof
from information seeker, Honorable Commissioner
Punjab Sh. Chander Parkash imposed penalty Rs.
25,000/- on dated : 06.Oct.2015 at 2:00pm.
view
- Not require I.D.(Identity) proof before
Public Information Officer due to security
reasons.
view
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Applicant no need to Identity proof before PIO: SIC Punjab
View
to Letter
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Section - 6 (3)
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Three Commissioners Order
Public Authority Can't Transfer RTI
Application under Sec - 6 (3) with in own Public
authority,
"Each of the sections or department of a public
Authority cannot be treated as a separate or
distinct public authority. If any information is
available with one section or the department, it
shall be deemed to be available with the Public
Authority as one single entity CPIO cannot take
a view contrary to this….." Order
Pronounced by Hon'ble Three Commissioners Larger Bench (Chander
Prakash) on
Dated 08.02.2016 in AC 2313 of 2013
View
on Page No. 17
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Single Commissioner Order on the above
said same issue
4. After hearing the version of the appellant
and the representatives of PIO, the Bench
observes that the information sought by the
appellant relates to number of PIOs i.e. MC,
Ludhiana. The Bench also observes from the
version of the representative of PIO that the
information sought by the appellant relates to
such issues which entail collection, collating
and compilation of information as a number of
PIOs are involved.
5. The Bench, as per observations made above, is
of the view that the appellant cannot seek
information in single RTI application from
multiple public authorities.
01.09.2022
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Single Commissioner Order on the above
said same issue
It is appropriate to consider the
instructions issued by the Ministry of
Personnel, Public Grievances & Pensions,
Department of Personnel & Training No.
10/2/2008-IR dated 12.6.2008 to transfer the RTI
application of the appellant under Section 6(3)
of the RTI Act, 2005 to ‘public authority’ and
not to the ‘public authorities’.
AC 3690 of 2022 dt 13.10.2022 Sh. Suresh Arora
- Appellant compensated with Rs.2500/- because
respondent has not acted as per clause 6(3)
of the RTI Act 2005.
Compensation Rs. 2500/-
given through DD Dated 13.07.2009 to Appellant.
View DD
View order (in Word File) Dated :
12.June.2009 of Hon'ble SICP
- Since the PIO had failed to transfer the RTI
application within stipulated period, the onus
of collecting the information and providing the
same to the appellant is with him alone
View order
- After examining the documents placed on
record, it is found that the RTI request of the
appellant should have been transferred to the
concerned office within stipulated time under
Section 6 (3) of the RTI Act and as the proper
procedure was not followed by the respondent
party, accordingly, the Public Information
Officer office of District Education Officer
(Elem.), Ludhiana and B.P.E.O., Mangat - II, is
directed to supply the required information to
the appellant after collecting the same from the
concerned office before the next date of
hearing.
View order
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Section - 7 |
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1. Delay in RTI (due to shortage of staff) can not be allowed :
Hon'ble High Court
2. PIO's statement on Affidavit not acceptable.
"That the record of PSIEĊ has been searched and no such information is traceable/ available in office record."
(view page no. 10 of order)
Hon’ble Supreme Court in case titled as “M/s Kranti Associates Pvt. Ltd. & Anr.
Vs. Sh. Masood Ahmed Khan & Others” reported as 2010(3) SCC (Civil) 852, in
which it has been held as under:-
“xxx xxx
51. Summarizing the above discussion, this Court holds:
a. In India the judicial trend has always been to record reasons, even in
administrative decisions, if such decisions affect anyone prejudicially.
b. A quasi-judicial authority must record reasons in support of its conclusions.
xxx
Hon'ble High Court
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Section - 7, sub sec 1 - /b>
Information shall be
provided within forty-eight hours, if it relates
life or liberty of a person. |
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Provided that where the information sought for concerns the life or liberty of a person, the same shall be provided within forty-eight hours of the receipt of the request.
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The respondent present has brought
a copy of complaint (6 pages ) and has given to
the complainant. The complainant said that the
copy of complaint is not certified. The PIO is
directed to provide the certified copy of the
information to the complainant within 2 days.
CC 871 of 2017 dt 6.Sep.2018 Khushwant
Singh
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Information Seeker requested for information on
dated 18 April 2019 under life or liberty
providable within 48 hours Then complaint has
been submitted on dated : 20 April 2019 through
registered post to Hon'ble Punjab State
Information Commission, Chandigarh.
Information seeker received the information on
dated : 3.May.2019 (i.e with in 15 days)
CC 374 of 2019 dt 2.May.2019 Preety Chawla
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Information Seeker requested for
information on dated 17 April 2019 under life or
liberty providable within 48 hours. first appeal
has been filled on dated : 20.April.2019 then
second appeal has been submitted on dated : 23
April 2019 to Hon'ble Punjab State Information
Commission, Chandigarh.
Information seeker received the information on
dated : 3.May.2019 (i.e with in 16 days)
AC 1496 of 2019 dt 8.May.2019 Sh. Hem Inder Singh - Commissioner
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Hearing Notice Under Life or
Liberty
Notice in AC 534 of 2022 (Life or Liberty)
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Section - 7, sub sec 3 (a) - (Appellant requests the
court to direct the respondents to supply him
the exact amount of fee point-wise) |
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The point-wise reply with respect
to the information sought.(Point No. 12 (ii)) on
page 16
CWP-17672 2023
PHHC Chandigarh.
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The appellant says that the
respondents has asked him to deposit an amount
of Rs.3,272/- for point no. 7 to 12 of RTI
Application. He requests the court to direct
the respondents to supply him the amount
of fees point-wise.
applicant has already demanded the point-wise documentation fee for point no 7 to 12 of RTI application. The respondent PIO is directed to bifurcate and intimate the documentation fee point wise for point 7 to 12 of RTI application as already requisite by the applicant to the respondent by the next date of hearing so that the applicant may pay the documentation fee for required point and provide the requisite information accordingly, failing to which action under Section 20(1) will be initiated against the respondent PIO.
Ac 167 of 2018 dt 20.March.2018 Dr. Pawan Kumar Singla
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Accordingly, the respondents are directed to
provide the details of information point-wise of
18 points as per RTI application
AC 900 of 2018 dt : 3.May.2018 : Sh. Hem Inder Singh - Commissioner
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The appellant has once again
contended that he had in fact written to the
respondent PIO vide his Letter Dated 8.8.2021,
seeking details of the copying cost by way of a
cost breakup.
An examination of the reply submitted by the
respondent PIO shows that such a cost breakup
was in fact communicated to the appellant vide
Letter No. 1536 Dated 16.8.2021
AC 603 of 2022 dt : 31.08.20 Sh. Asit Jolly - Commissioner
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Section - 7, sub sec 6 (All Information is
free of cost) |
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Even after receiving amount, the
information was not given by authority to the
complainant within 30 days, So SICP
ordered to refund the amount Rs.100/-
Click here to View
30.April.2010
- Public Authority must give full information
Attested and
As per provisions of sec 7 (6) "the information
shall be provided free of charge where a public
authority fails to comply with the time limits
specified in sub section 1" (30 Days)
Click here to View
order of
SICP Dated : 08.July.2008
- DFSC Bathinda was tantamount to his
compelling the complainant to go
to his office, which is not
permissible under the RTI Act.
Click here to View
order of
SICP
- Regarding Wrong Heading / Address on
Indian Postal Order (IPO's)
Click here to View
order of
SICP
- Since the relevant record is said to be
missing, an inquiry has been ordered by the
respondent to fix responsibility. It is expected
that on conclusion of the inquiry, the
respondent shall take appropriate action against
those found guilty for loss of public record.
The respondent is directed to reconstruct the
record and see if the requested information can
be furnished on the basis of reconstructed
record. Click here to View
order of
SICP dated : 5.Feb.2014
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Section - 7, sub sec 9 |
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(Requested information in Desired language)
Jai Kumar Jain Applied to Delhi
Development Authority (DDA) asking for
information in hindi as he has applied to the PIO
in hindi. Should DDA. provide the information in
hindi?
Ans : Yes. The CIC directed DDA. to provide
the requested information in (translated into)
Hindi within 25 days of the issue of its decision. |
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Decision no . CIC/WB/A/2006/00117 - 13
June, 2006
Click Here To View |
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(Requested information as Desired Format /
Colour) |
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Shri Balvir Singh Saini (complainant) states that he
wants coloured photo copies of the information
supplied to him.
Decision no . CC No. 1286/07.08.2008 SICP
Click Here To View |
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Section - 8
8(1)(e) - (विश्वास
के सम्बन्ध मे रखी सूचना )
1.
धारा 8 के अन्तर्गत छूट मै कहीं
'गोपनीय' शब्द का उल्लेख़ नहीं, गोपनीय बता कर
सूचना रोकी नहीं जा सकती.
2.Candidates have right to inspect answer sheets :
SC
Click Here to View
8(1)(h)
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It is pertinent to
mention here that during the pendency of the
trial too, the information on case diaries can’t
be held back taking refuge under Section 8 (1)
(h) by simply stating that the information is
not givable or exempted but the respondent PIO
has to demonstrate as to how the revelation of
information would impede the process of
investigation or apprehensions of offenders or
prosecution of the offenders at that critical
stage where the information was being sought.
AC-521 of 2013 dt : 08.02.2016 PSIC on Page No. 6
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Information sought |
Order passed |
Point-1 & 2
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As per respondent enquiry is pending and information cannot be provided.
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Merely stating that the enquiry is pending is not the correct way to deny the information. The PIO is
directed to justify the usage of exemptions in section 8 and give it in writing that why disclosure of
information will hamper the investigation. process and pass a speaking order.
AC-2564 of 2020 Dt : 21.09.2021 Khushwant Singh
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The Commission finds that the
consignment of challan to a Trial Court does not
preclude
supply of information to the appellant. Said
information which would have qualify for
exemption
as per Section 8(1)(h) of the RTI Act 2005,
during the course of investigation no longer
qualifies
for said exemption.
Final AC-833 of 2022 dt :
11.08.2022 Sh. Asit Jolly
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It was pointed out to the respondent that since
the Hon’ble High court has not forbidden
publication of information pertaining to the
matter cited in the RTI application, said
information be supplied to the appellant after
due attestation. This must be done within 10
days with a copy of the PIO’s reply and
information to the Commission.
Final AC-1703 of 2022 dt :
17.08.2022 Sh. Asit Jolly
8(1)(j)
Seeking the certified copies of the
nomination papers of the candidates who
contested the municipal elections for the
Municipal Committee, Jaito .... nomination
papers, which are filed by the candidates, are
required to be made public for the knowledge of
the common man. Such being the case, the PIO is
directed to provide certified copies of the
documents asked for by the appellant within 15
working days from today under intimation to the
Commission.
23.Dec.2015 AC-3427 of 2015
Educational Certificates of Govt Employees are
not third party information
1.
11.Mar.2016 AC-271 of 2016 (VC) Sh. Parveen Kumar
2.
15.Dec.2021 AC-4607 of 2021 Final - Sh. Avtar Singh Kaler
In view of the aforesaid order, the information
sought by the petitioner in respect of the
recruitment is the information which is not
exempted from disclosure. Consequently, the
present writ petition is allowed. The order
dated 01.11.2011 (Annexure P-12) passed by the
State Information Commission is set aside. The
respondents are directed to disclose the
information sought for, in accordance with law.
CWP : 22229 of 2011 Punjab & Haryana High
Court
Information sought by the petitioner in respect
of the recruitment is the information which is
not exempted from disclosure
14.Mar.2016 AC-2835 of 2015 (DB)
Disclose Returns of immovable Property of
officers under group A and B.
Punjab Govt Notification Dated 26.Sep.2014
Disclose Returns of immovable Property of
officers under group A and B.
12.Jan.2017 AC-2692 of 2016 (VCM).
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Section - 11 (1) -
Order of the Commission is direct
disclosure of information is void being in
violation of Section
11 of the Act, which requires the Commission to issue a notice
in writing to the third party
Bombay,
Goa
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Section - 18
Under sec 18 of the act, No Provision in RTI
to compensate the complainant.
CP 21.Jan.2016
According to para
30 and 31 of the judgment passed by the Hon’ble
Supreme Court of India in Civil Appeal no. 10787
to 10788 of 2011 in a case ; Chief Information
Commissioner & another V/s State of Manipur and
another before Ld. Judges - Sh. Asok Kumar
Ganguly and Gyan Sudha Misra, the Commission
could not allow to information
seeker(complainant) to have access of the
information under Section 18 of the RTI Act,
2005
CP
03.May.2016 1:00pm
Under sec 18 of the act, Commissioner has no
power to direct the respondent to furnish the
information. para[5,29]
View/a>
2012(1) RCR (Civil)374
Stern action will be taken if threatened RTI
Applicant - CIC Delhi
class="blue_link_l" target="_blank" href="rti/doc/rti_awadem_karta_ko_dhamki.jpg">Click Here to View
under sec 18 (1) (e)
CPIO should attest each page of the
records supplied to the Appellant.
Click Here to View
Applicant no need to Identity proof before PIO: SIC Punjab
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under sec 18 (3)(d)
"requisitioning any public record or
copies thereof from any court or office."
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Section - 19
Action taken by first appellate authority on
hiding RTI information
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19(1) First
Appellate Authority can not summon information
seeker under RTI ACT :
Punjab Govt.
CIC- Doctors prescribing
Medicines/Consumables by Brand Name is in
Violation of Rules and Guidelines,
Doctors Should prescribe
Medicines/Consumables by their Pharmacological
names.
Click Here to View
Dated : 24.Nov.2008
19(3) |
In the present case, after prima facie holding in favour of the petitioner with respect to points No. (a) and (b) and after directing the CPIO to file a revised reply, the appeals have been disposed of by respondent No.2 without waiting for the said reply and without finally adjudicating the matter and thus, to the said extent, the impugned order deserves to be set aside.
Point No. 9 on page 7
CWP -15500 2023 PHHC Chandigarh
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19(8)a(ii) Nomination of an officer to act as the PIO at
Bharat Petroleum Corporation Bathinda
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19(8)a(iii) Section 19(8)(a)(iii) of the RTI
Act, which empowers the Central Information Commission or State Information Commission to
require the public authority to take any such steps as may be necessary to secure compliance
with the provisions of this Act, including by publishing certain information or categories of
information,
Click here
19(8) Based on conjoint reading of preamble
to the RTI Act and its Section 19(8) and Section
4.1& 4.2 , the Commission directs the public
authority through its head i.e. Vice Chancellor
to henceforth ensure that the Selection
Committees put up their criteria for selection,
including for None found Suitable in public
domain to ensure transparency in selection. Such
criteria can't be confidential or "opaque."
SICP 11.06.2015
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RTI Act sec 19(8)(b) - "require the public authority to compensate the complainant for any loss or other detriment suffered;"
The appellant is not entitled to get the compensation under section 19(8)(b) of Right to Information Act 2005 from the public funds because there is no provision under section 19(8)(b) of Right to Information Act 2005 to award compensation to the
appellant by the Hon’ble Information Commissioner from the public funds.
As per section 19(8)(b) of Right to Information Act 2005 as wisely enacted by
the parliament of India is as under:-
Section 19(8)(b) of Right to Information Act 2005 is as:- “require the public
authority to compensate the complainant for any loss or other detriment
suffered;”
So only the complainant is entitled to get the
compensation from the public funds. Compensation from Public Funds should not be
distributed unlawfully to the appellant by the Hon’ble
Information Commissioner as stated above beyond the Right to Information Act
2005.
Many Hon'ble benches of information commissioners have awarded compensation
unlawfully to the
appellants.
Example:-Compensation Rs.10,000/- has been awarded to appellant in AC-1564 of 2019 dated 25.06.2021 pronounced by Shri Khushwant Singh Honourble Punjab State Information Commissioner Chandigarh.
AC-1564 of 2019
Compensation to appellant Rs. 25000/- from public funds
AC-2783 of 2021 dt : 13.07.2022
even appellant could not proved that third party information
falls within the ambit of public interest then there is no question to award
compensation to the appellant from the public funds. -
AC-2783 of 2021 dt : 24.03.2022
,
AC-2783 of 2021 dt : 25.08.2022
Efforts made by GrahakJago and responses received :
1. Application to Hon'ble Governor Punjab dated : 15.09.2022
2.
Response received via : Personal Reforms and Public Grievance Department dated : 3.10.2022
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Para 7 : I have also looked into all the facts and circumstances of the case. In my view this is
a fit case, where award of compensation under Section 19 (8) (b) is also called for. I have no doubt in
my mind that this state of affairs has also come about on account of the absence of adequate
machinery for handling the RTI work in O/o PIO –cum – Executive Officer, Municipal Council, Jaitu,
District Faridkot, is thus, responsible for the inadequate handling of the RTI requests and in the instant
case as well.
Para 8 : I, therefore, order that compensation of Rs. 4000/- (Rupees Four Thousand Only) be
paid to the Appellant for the detriments suffered by him.
Sh. Hem Inder Singh Ac-1997 of 2019 dated : 27.02.2020 Appellant Madan Lal
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Compensation Rs. 10,000/- awarded to
Harish Chander on
dated 6.Oct.2015 - 2:00 pm by Hon'ble
Commissioner Shri Chander Parkash in
AC - 3542 of 2014. represented by Madan Lal
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Compensation Rs.10,000/- awarded in 7 cases to appellant on dated : 25.06.2021 by
Shri. Khuswant Singh
19(8)(c) impose any of the penalties provided under this Act;
In Appeal Case 1638 of
2020 of Madan Lal Vs PIO o/o EO,
Nagar Council Jaito represented by
Lajpat Rai :-
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A Penalty of Rs.5,000/- is imposed on the Sh.Gurdas
Singh, PIO-NC Jaito which will be deposited in the Govt. Treasury....
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The PIO is
also directed to provide information
to the appellant as decided at the
hearing on 16.08.2021.
Sh. Khushwant Singh
Applicant no need to Identity proof before PIO: SIC Punjab
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Section - 20
- Penalty imposed on four Public Information
Officers of Municipal Corporation Ludhiana in
one appeal case AC-1681/2016 on dated :
12.Aug.2016 :: Chief Information Commissioner
Punjab
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- SHIMLA: Enhancing the penalty imposed for
a 14-day delay in supplying information under
the RTI Act, the Himachal Pradesh high court
doubled the fine, holding that the state
information commission (SIC) did not have any
power to impose penalty other than that
prescribed under the Right to Information Act,
2005.
Allowing the petition of Sanjay
Hindwan, a Solan resident, who pleaded his
case in person, the division bench of Justice
Deepak Gupta and Justice Sanjay Karol
observed, "Once the SIC comes to the
conclusion that penalty has to be imposed,
then the same must be at Rs 250 per day and
not at any other rate at the whims and fancy
of the commission."
Time of India 04.09.2012
- On Receiving Notice from State Information
Commission Punjab, Public Information officer
delivered Information Quickly, But complainant go to
SICP -Chandigarh again and again for
insisting compensation and penalty for Delay.
State Information Commission Punjab imposed
penalty of Rs.5000/-
Click to View
- 10.Feb.2009
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Section - 22
- Para 8 : According to this Section, the provisions of
RTI Act shall have effect notwithstanding there
being anything inconsistent thereto contained
either in the Official Secrets Act, 1923, or any
other law including any instrument having effect
by virtue of any law for the time being in
force. Meaning thereby, other than this Act, the
other statutory provisions which are
inconsistent with the RTI Act, would not operate
within the campus, ambit and sphere where the
RTI Act operates. The provisions of this Act
would, therefore, have precedence and would for
all intents and purposes, hold the field, viz-a-viz
any inconsistency with any other statute or law
or instrument having effect by virtue of any law
except for the riders, exceptions and exemptions
from disclosure of information provided for
under the RTI Act itself such as Sections 8 to
11 etc.
CWP No.12016 of 2016 Decide On Oct.5.2018 Punjab
Haryana High Court at Chandigarh (PDF Format)
- In the case titled as Central Board of
Secondary Education & Anr. … Vs. Aditya
Bandopadhyay & Ors. … the Hon’ble Supreme Court
in para number 18 of its judgement held that
Section 22 of RTI Act provides that the
provisions of the said Act will have effect,
notwithstanding anything inconsistent therewith
contained in any other law for the time being in
force. Therefore the provisions of the RTI Act
will prevail over the provisions of the
bye-laws/rules of the examining bodies in regard
to examinations. As a result, unless the
examining body is able to demonstrate that the
answer-books fall under the exempted category of
information described in clause (e) of section
8(1) of RTI Act, the examining body will be
bound to provide access to an examinee to
inspect and take copies of his evaluated
answer-books, even if such inspection or taking
copies is barred under the rules/bye-laws of the
examining body governing the examinations.
View
on Page no. 21
- The University authorities erred in asking
for a fee of Rs.10,000/- or in prescribing a
time limit of three weeks for seeking the
information. Under the Right to Information Act,
2005 no time limit has been prescribed and fee
is to be charged in accordance with the Punjab
Right to Information Rules, 2007 as notified by
the State Government vide
G.S.R.16/C.A.22/2005/S.27/2007.
The appellant has relied on the decision of the
Hon’ble Supreme Court of India reported in
2011(3) RCR-Civil 914 (Central Board of
Secondary Education vs. Adityabadopdaya and
others)
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- AC No. 1038 of 2011 - dt : 30.Dec.2011
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Section - 25 (5)
- Nomination of an Officer who should act as
an APIO in the Bhathinda region
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Section - 28
Chief information Commissioner has no Power to
review its orders unless statutorily conferred
ref :
M K Sharma vs State information commi anr on
11 Jan 2013 - Hon'ble Rajasthan High Court at
Jaipur
in S.B. Civil Writ petition no 17122/2012
Click to View
There is no provision in the RTI Act, 2005 for
the Commission to entertain appeal/review
petition against its own order.
1.Dec.2014 PSIC
Our View :
Appellate authority must be nominated against
order of state information
Commissioner/Commissioners |
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Contempt
Appeal Case Disposed off on dated 12.Mar.2014.
but Appellant has not received
information,
So, after waiting approx Six Months, Appellant
requested to initiate contempt
Proceedings.
Hon'ble Chief Information Commissioner Punjab
awarded Compensation of Rs.2000/- also to the appellant
for delay and other detriment suffered by
him
Click here to view
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Appellate Authority/PIO/APIO can't delegate
his/her own powers to other officers :
"The grouse made in this petition is against
the orders passed by the Commissioner, Municipal
Corporation, Ludhiana delegating the powers of
the Appellate Authority/PIO/APIO to the officers
other than those designated by the Government"
CWP 18137 of 2013 Hon'ble Punjab and Haryan High
Court As per Order Dated : 21.11.2013
of Ashok Kumar Gupta (IAS) Secretary to
Government of Punjab Department of Local
Government Chandigarh
21.11.2013
Appellate authority, PIO, APIO of Municipal Corporations, Local Government Punjab.
01.09.2021
Appellate authority, PIO, APIO of Education
Department Punjab
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Appellate authority, PIO, APIO (not for Municipal Corporations) of Local Government Punjab
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Appellate authority, PIO, APIO of Department of Revenue,
Rehabilitation and Disaster Management (DC
Offices) Punjab
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Time Limit for retained / kept different records by
Nagar Councils (Local Bodies), Punjab
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Time Limit for retained / kept different records by
Health Department (including Birth & Death
records), Punjab
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Disclose Returns of immovable Property of officers under group A and B.
Punjab Govt Notification Dated 26.Sep.2014
DECLARATION OF ASSETS : Center Govt. Public Servant (Section 2(1)(o)) under group A, B, C, D
Section 44. of THE LOKPAL AND LOKAYUKTAS ACT, 2013,
The following Act of Parliament received the assent of the President on the 1st January, 2014
(1) Every public servant shall make a declaration of his assets and liabilities in the
manner as provided by or under this Act.
(2) A public servant shall, within a period of thirty days from the date on which he
makes and subscribes an oath or affirmation to enter upon his office, furnish to the competent
authority the information relating to—
(a) the assets of which he, his spouse and his dependent children are, jointly or
severally, owners or beneficiaries;
(b) his liabilities and that of his spouse and his dependent children.
THE LOKPAL AND LOKAYUKTAS ACT, 2013
Govt. of Punjab, Department of Governance Reforms & Public Grievances, (Governance Reforms - 1 Br.), Letter Dated Chandigarh 09.08.2021
Click to View
Government of Punjab, Punjab State E Governance
Society Department of Governance Reforms & Public Grievances,
Mohali.
Guidelines for Public Information Officer under
Right to Information (Name, Designation, Official
Email Address, Office Telephone No.) and detail
of Appellant Authority regarding
PIO on FORMAT under RTI reply. Letter Dated
11.03.2022
Procedure for sending request through post for supply
of certified copy through Value Payable
Letter/Value Payable Parcel :
Hon'ble Punjab and Haryana High Court Chandigarh.
Registrar (Grouping) 16.01.2017
.
Filled Request Form To Get Copy
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"All men by nature desire to know." - Aristotle |
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