[rti_india] Appeal AC-572 of 2012 - Erroneous Order dated 22 May 2012

Friday, May 25, 2012

[rti_india] Appeal AC-572 of 2012 - Erroneous Order dated 22 May 2012 - PART-III [3 Attachments]

[Attachment(s) from Surendera M. Bhanot included below]

Mr. Surender Awathi

Hon'ble Information Commissioner

Punjab State Information Commission,

Chandigarh

Sir

Respectfully submitted/showeth,

Please refer to your order dated 22 May 2012 in case of Appeal AC-572 of 2012, copy of which is downloaded from the website of the Commission and is appended at the end of this mail.

There is another technical flaw in the order itself.

As per the order, the main order has been pronounced "in the open court" on 09.05.2012, while the post-script on the order has been shown to have made on 22.05.2012. This is apparent that the no care has been made while signing the order.

Otherwise also, there is no application of mind in this particular case (as already enumerated in my earlier two mails sent to your honor on 24.05.2012 and which were received in the commission vide Diary No. 8309 & 8310 on 25.05.2010 and were delivered to your honor, as confirmed from the registry of the commission.

This has prompted me to monitor all other orders passed by your honor for quality and efficacy thereof.

It may be reminded that HC SEVERELY INDICTED PUNJAB INFORMATION COMMISSIONER, SURINDER SINGH as order passed by him was without "JURISDICTION"

DIRECTIONS ISSUED TO STATE OF PUNJAB THAT BEFORE APPOINTMENT OF ANY PERSON, EXCEPT FROM THE LEGAL FIELD, AS INFORMATION COMMISSIONER, SUCH PERSONS MUST BE GIVEN RE-ORIENTATION TRAINING.
SURINDER SINGH MISUSED HIS POWERS.
HE ACTED LIKE A WRIT COURT WHILE DIRECTING THE DC, HOSHIARPUR TO SET UP AN ENQUIRY COMMITTEE FOR ENQUIRING INTO ALLEGATIONS OF EMBEZZLEMENT OF FUNDS BY EX-SARPANCH.
ORDER PASSED BY SURINDER SINGH IS WITHOUT JURISDICTION.

Please see the attached file titled as "HC on Surinder Singh Gill, Information Commissioner" for more broader view thereof.

I would also like to invite your Kind attention towards the WHITE PAPER issued on the working of the Punjab Information Commission attached as "White Paper on the working of SICP"

The is another file attached titled as "E-Book - 100 strange orders of SICP"

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STATE INFORMATION COMMISSION, PUNJAB

SCO NO. 32-33-34, SECTOR 17-C, CHANDIGARH

Visit us @ www.infocommpunjab.com

Sh. Parbodh Chander Bali,

16-Shiv Batala Road,

Amritsar- 143001. …Appellant

Versus

1. Public Information Officer,

O/o Senior Superintendent of Police,

Punjab State Crime Branch &

Cyber Investigation,

Mohali.

2. Public Information Officer,

O/o ADGP, Crime, Pb.,

Punjab Police Headquarter,

Sector-9,

Chandigarh. …Respondents

AC- 572/2012

Order

RTI Application filed on : 06.01.2012

PIO replied : Nil

First Appeal : 18.02.2012

First Appelalte Authority Order : NIL

Second Appeal received on : 19.04.2012

Information Sought:

The appellant seeks ATR ATR on his complaint dated Nov 12/2011 sent by speed post on Nov.16/2011, day today progress in the above matter and also copy of rules regarding investigation of complaint in a cyber crime and responding to the complainant.

PIO's Reply:

NIL

Grounds for the First Appeal:

Information not provided

Grounds for the Second Appeal:

Information not provided

Order of FAA:

NIL

Relevant Facts emerging during Hearing:

Contd…2/-

-2-

The following were present:

Mr. Surinder Bhanot, for the Appellant.

Mr. Chanjiv Lamba for the Respondent.

Mr. Surinder Bhanot appearing on behalf of the appellant without any authority letter. The Respondent replied that the complaint filed on 06.01.2012 was examined and it caused no cognizable offence which was not pursued. This has been conveyed to the appellant.

Decision:

Since the information stands supplied, the case is disposed of and closed.

Announced in the open court.

Copies of order be sent to the parties.

Place: Chandigarh. (Surinder Awasthi)

Dated: 09.05.2012 State Information Commissioner

After the order was dictated in the open court, Mr. P.C. Bali, appellant had appeared. He was read out the above order.

The appellant insisted on imposing penalty on PIO-Respondent. Since there is no intentional or deliberate delay on the part of Respondent-PIO in providing the information, there is no justification to impose the same. Since the information stands supplied, the case is disposed of and closed as above.

Announced in the open court.

Copies of the order be sent to the parties.

Place: Chandigarh. (Surinder Awasthi)

Dated: 22.05.2012 State Information Commissioner.

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GREETINGS AND WARM REGARDS

Surendera M. Bhanot
- Coordinator, RTIFED, Punjab Chandigarh

- President, RTI Help & Assistance Forum Chandigarh

- Life Member, Chandigarh Consumers Association
- Youth for Human Rights International - YHRI - South Asia
- Jt. Secretary, Amateur Judo Association of Chandigarh
- Member, SPACE - Society for Promotion and Conservation of Environment, Chandigarh
No. 3758, Sector 22-D, Chandigarh-160022
Mob: 919-888-810-811
PHONE: 91-172-5000970
FAX: 91-172-5000970
Mail Me

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Attachment(s) from Surendera M. Bhanot

3 of 3 File(s)