RIGHT TO INFORMATION, 2005

INTRODUCTION

The RIGHT TO INFORMATION passed by both the Houses of Parliament received the
assent of the President of India on 15th June 2005. It came on the Statute Book as RIGHT
TO INFORMATION 2005 (22 of 2005). Although, it is one of the briefest legislation (as it
contains only as many as 30 sections only) yet it has become one of the Important,
Significant and Effective legislation of Indian System.

In 2005, Government of India resolved that in order to ensure greater and more effective access
to information, it is required that FREEDOM OF INFORMATION ACT 2002 must be made
more progressive, participatory and meaningful. On this issue, the Advisory Council suggested
certain important changes to be incorporated to ensure smoother and greater access to
information. The Government decided to make a number of changes in the law. In the view of
this, it was decided to repeal the FREEDOM OF INFORMATION ACT 2002 and enact another
law for providing effective framework for the right recognized under Article 19 of the Indian
Constitution. To achieve this object, the Indian Parliament passed RIGHT TO INFORMATION.

The important changes proposed to be incorporated, inter alia, includes :-

1. Establishment of an appellate machinery,

2. Investigating powers to review the decisions of PIOs & APIOs,
3. Penal provisions for failure in providing information as per law,
4. Provisions to ensure maximum disclosures,
5. Minimum exemptions.
 RIGHT TO INFORMATION, 2005

OBJECTIVE

The basic objective of RIGHT TO INFORMATION, 2005 are as follows :-

1. Empowering the citizens of India,

2. Promote transparency,
3. Accountability in the working of public authorities.
Cases-

16th june

STATE INFORMATION COMMISSION, PUNJAB

SCO No. 32-34, Sector 17-C, CHANDIGARH, Ph. No. 0172-4630054

Gurjeet Singh S/o Sh. Saudagar Singh,

Village -Lalwa, Tehsil – Patran,

Distt. - Patiala (Punjab) ……. Complainant

Vs

Public Information Officer,

O/o Block Development and

Panchayat Officer (BDPO),

Patran, Distt. - Patiala (Punjab) ..…Respondent

Complaint Case No. 321 of 2016

Present : Sh. Gurjeet Singh, the complainant, in person.

i) Ms. Paramjit Kaur, BDPO-cum-PIO ;

ii) Ms. Kamaljit Kaur, Superintendent.

ORDER

On the last date of hearing, held on 19.05.2016, an opportunity was given to BDPO
to get custody of the requisite record from the custody of Sh. Jagtar Singh and Sh. Sh. Mohinder
Singh through legal or departmental means to enable herself to supply the requisite information
to the information seeker and another opportunity was also given to Ms. Paramjit Kaur, BDPO to
file her reply to the show cause issued to her vide orders 18.04.2016.
 The complainant, Sh. Gurjeet Singh , appeared in person in today’s hearing.

Ms. Paramjit Kaur, BDPO-cum-PIO and Ms. Kamaljit Kaur, Superintendent, who
appeared in today’s hearing, submits a reply vide letter no. 1346 dated 15.06.2016 showing that
the requisite information has already been supplied to the complainant, Sh. Gurjeet Singh. It is
taken on record.

The complainant, Sh. Gurjeet Singh is advised to point out deficiencies in the
information supplied to him by the respondent-PIO, in writing and the respondent PIO is directed
to remove the same before the next date of hearing.

Ms. Paramjit Kaur also submits a reply dated 15.06.2016.2016 to the show cause
issued to her vide orders dated 18.04.2016, which is taken on record.

A decision on the reply filed by Ms. Paramjit Kaur in connection with the show
cause issued to her, will be taken later on.

The case is adjourned to 14th July, 2016(Thursday) at 11:00 A. M. in

Chamber, S. C. O. 32 – 34, Sector 17 – C, Chandigarh.

Copies of the order be sent to the parties.

(Chander Parkash)

16th June, 2016 State Information Commissioner

Another case

STATE INFORMATION COMMISSION, PUNJAB

SCO No. 32-34, Sector 17-C, CHANDIGARH, Ph. No. 0172-4630054

Visit us @ www.infocommpunjab.com

Amrik Singh

(Regd. Post) S/o Sh. Kartar Singh,

Village – Taragarh,
Encl : Original Affidavit Teh. & Distt. - Amritsar (Punjab) ..…Appellant

Vs

Public Information Officer,

O/o S. D. O.,

Pb. State Power Corporation Ltd.,

Tangra, Distt. - Amritsar (Punjab)

First Appellate Authority,

O/o The Chief Engineer,

Pb. State Power Corporation Ltd.,

Border Zone, Amritsar (Punjab) ..…Respondent

Appeal Case No. 821 of 2016

Present : None on behalf of the appellant.

Sh. Gurbaksh Singh, S.D. O., on behalf of the respondent.

ORDER

On the last date of hearing, held on 24.05.2016, the respondent PIO was directed to
file a reply in an affidavit stating that the requisite information is not traceable in official record or
has gone missing, what efforts have been put by him to trace-out the relevant official record
Sh. Gurbaksh Singh, S.D. O., appeared on behalf of the respondent in today’s
hearing.
In compliance to the order dated 24.05.2016, Sh. Pradeep Saini, PIO-cum-Deputy
Chief Engineer (Sub Urban) has sent an affidavit dated 15.06.2016 into the Commission through
Sh. Gurbaksh Singh, S.D. O.. It is taken on record.

In that affidavit, he has claimed that regarding which the information has been
sought for by the applicant, is not available in the official record. He also mentioned that official
record has been damaged due to termite attack. He has also mentioned that even if the official
record has gone missing, no functionary/officials has been found guilty into the same.
 The appellant, Sh. Amrik Singh, is not present in today’s hearing.
The original affidavit dated 15.06.2016 submitted by the respondent be sent to the
appellant, Sh. Amrik Singh alongwith this order through registered post. A copy of the same be
taken on record.

Contd…2/-

Appeal Case No. 821 of 2016 -2-

As official record has gone missing and it is very serious matter, hence, I am of the
considered view that a copy of this order alongwith a copy of affidavit be sent to Principal
Secretary to Government of Punjab, Department of Power ; Chairman-cum-Managing Director,
Punjab State Power Corporation Ltd., Patiala and Chief Director, Vigilance Bureau, Punjab, for
taking appropriate action, if they desires so and deem it fit.

With this, the case is disposed of and closed.

Copies of the order be sent to the parties.

(Chander Parkash)

16th June, 2016 State Information Commissioner

i) The Principal Secretary to Govt. of Punjab,

(Regd. Post) Deptt. of Local Govt.,

Pb. Mini Sectt., Sector – 9,

Chandigarh

ii) The Chairman-cum-Managing Director,

 Punjab State Power Corporation Ltd.,
The Mall, Patiala

iii) The Chief Director,

Vigilance Bureau, Punjab,

S.C.O. 60 - 61,

Sector 17 – D,

Chandigarh

(Encl : Copy of the affidavit dated 15.06.2016)

17th

STATE INFORMATION COMMISSION, PUNJAB

SCO No. 84-85, SECTOR 17-C, CHANDIGARH
Fax 0172-4630888 Visit us @ www.infocommpunjab.com

Appeal Case No. 559 of 2016

Sh. Simranjit Singh s/o Sh. Jagdish Singh,
93/2, Adarsh Nagar,
Jalandhar. ……Appellant
Versus
Public Information Officer,
O/o Commissioner,
Municipal Corporation, Jalandhar.

First Appellate Authority

O/o Commissioner,
Municipal Corporation,
Jalandhar. …...Respondent

Present: Sh. Simranjit Singh, appellant in person.

For the respondent: Smt. Sushma Dugal, Building Inspector (998877-
3505).
-----------------
Smt. Anita, Clerk Coordinator o/o Deputy Commissioner, Jalandhar

Heard via Video Conference.

ORDER

1. The appellant states that he has not received any information so far from the
respondent.
2. Smt. Sushma Dugal, Building Inspector submits that the PIO in this case is Sh.
Sham Sundar, ATP who has been placed under suspension and therefore an
adjournment may be given to file reply to the Notice of the Commission.
3. The matter is adjourned for further hearing on 15.07.2016 at 11:00 AM through
Video Conference.
4. Announced in the Court. Copy of the order be sent to the parties.
Chandigarh (Parveen Kumar)
Dated: 17.06.2016 State Information Commissioner

STATE INFORMATION COMMISSION, PUNJAB

SCO No. 84-85, SECTOR 17-C, CHANDIGARH
Fax 0172-4630888 Visit us @ www.infocommpunjab.com

Appeal Case No. 557 of 2016

Sh. Simranjit Singh, s/o Sh. Jagdish Singh,
93/2, Adarsh Nagar,
Jalandhar. ……Appellant
Versus
Public Information Officer,
O/o Commissioner,
Municipal Corporation, Jalandhar.
First Appellate Authority
O/o Commissioner,
Municipal Corporation, Jalandhar. …...Respondent

Present: Sh. Simranjit Singh, appellant in person.

None for the respondent.
-----------------
Smt. Anita, Clerk Coordinator o/o Deputy Commissioner, Jalandhar

Heard via Video Conference.

ORDER

1. The appellant states that he has yet not received the information from the
respondent.
2. None on behalf of the respondent is present in the today’s hearing. No intimation
has been received either.
3. MTP-cum-Nodal Officer, Municipal Corporation is directed to file reply to the
Notice of the Commission within 3 weeks from today, copy of which should be sent to
the appellant, failing which ex-parte decision shall be taken as per RTI Act. The matter
is adjourned for further hearing on 25.07.2016 at 11:00 AM through Video
Conference.
4. Announced in the Court. Copy of the order be sent to the parties.

18th

STATE INFORMATION COMMISSION, PUNJAB

SCO 32-34, SECTOR 17-C, CHANDIGARH-160017
(www.infocommpunjab.com)

Shri Manjit Kumar s/o Sh. Rattan Chand,

VPO: Jora Chhatran,
Distt. Gurdaspur. …Appellant

Versus

1. Public Information Officer

O/o Director State Transport, Punjab,
Jeewan Deep Building, Sectort 17-B,
Chandigarh.

2. First Appellate Authority,

O/o Director State Transport, Punjab,
 Jeewan Deep Building, Sector: 17-B,
Chandigarh. …Respondents

Appeal Case No. 926 of 2016

Order

Present: None for the appellant.

Shri Mandeep Kumar, Junior Assistant and Shri Ikvinder Singh, Clerk, on
behalf of the respondents.

Shri Manjit Kumar Appellant vide an RTI application dated 02-11-2015

addressed to PIO sought information regarding conductors appointed in PUNBUS.
2. Failing to get any information within 30 days as mandated under Section
7(1) of the RTI Act, 2005, he filed first appeal with the First Appellate Authority vide
application dated 16-01-2016 under the provisions of Section 19(1) of the RTI Act,2005
and subsequently approached the Commission in second appeal vide application dated
23-02-2016 under the provisions of Section 19(3) of the RTI Act,2005, which was
received in the Commission on 01-03-2016 and accordingly, a notice of hearing was
issued to the parties for today.
3. A letter No. 303-2015/RTI Assistant/2811, dated 04.05.2016, has been
received from the PIO informing that reply has been sent to the appellant vide letter No.
Contd…….p/2
AC - 926 of 2016 -2-

303-2015/RTI Assistant/9409, dated 24.11.2015, letter No. 303-2015/RTI Assistant/195,

dated 06.01.2016 and letter No. 303-2015/RTI Assistant/1185, dated 15.02.2016 by
registered post. The appellant is not present without any intimation nor any
observations have been received from him, which shows that he has received the
information and is satisfied.
4. Accordingly, the case is disposed of and closed.

Sd/-
Chandigarh (Ravinder Singh Nagi)
Date: 21-06--2016 State Information Commissioner

STATE INFORMATION COMMISSION, PUNJAB

SCO No. 84-85, SECTOR 17-C, CHANDIGARH
Fax 0172-4630888 Visit us @ www.infocommpunjab.com

Appeal Case No. 558 of 2016

Sh. Simranjit Singh,
S/o Sh. Jagdish Singh,
93/2, Adarsh Nagar,
Jalandhar. ……Appellant
Versus
Public Information Officer,
O/o Commissioner,
Municipal Corporation,
Jalandhar.

First Appellate Authority

O/o Commissioner,
Municipal Corporation,
Jalandhar. …...Respondent

Present: Sh. Simranjit Singh, appellant in person.

For the respondent: Smt. Sushma Dugal, Building Inspector.
-----------------
 Smt. Anita, Clerk Coordinator o/o Deputy Commissioner, Jalandhar

Heard via Video Conference.

ORDER

1. The appellant states that he has not received any information so far from the
respondent.
2. Smt. Sushma Dugal, Building Inspector submits that the PIO in this case is Sh.
Sham Sundar, ATP who has been placed under suspension and therefore an
adjournment may be given to file reply to the Notice of the Commission.
3. The matter is adjourned for further hearing on 15.07.2016 at 11:00 AM through
Video Conference.
4. Announced in the Court. Copy of the order be sent to the parties.

22

STATE INFORMATION COMMISSION, PUNJAB

SCO 32-34, SECTOR 17-C, CHANDIGARH-160017
(www.infocommpunjab.com)

Shri Prem Kumar Rattan,

H.No. 78/8, Park Road, New Mandi,
Dhuri, Distt. Sangrur. …Appellant

Versus
1. Public Information Officer
O/o Child Development & Project Officer,
Balmiki Chowk, Dhuri, Distt. Sangrur.

2. First Appellate Authority,

O/o Child Development & Project Officer,
 Balmiki Chowk, Dhuri, Distt. Sangrur. …Respondents
.

Appeal Case No. 947 of 2016

Order

Present: None for the appellant.

Smt. Asha Rani, CDPO Dhuri, on behalf of the respondents.

Shri Prem Kumar Rattan, Appellant vide an RTI application dated 22-05-
2015 addressed to PIO sought certain information regarding recruitment of Anganwari
Workers during the last five years.
2. Failing to get any information within 30 days as mandated under Section
7(1) of the RTI Act, 2005, he filed first appeal with the First Appellate Authority vide
application dated 22-06-2015 under the provisions of Section 19(1) of the RTI Act,2005
and subsequently approached the Commission in second appeal vide application dated
nil under the provisions of Section 19(3) of the RTI Act,2005, which was received in the
Commission on 02-03-2016 and accordingly, a notice of hearing was issued to the
parties for today.
3. A letter dated 21.06.2016 has been received through e-mail from the
appellant informing that he is unable to attend hearing due to ill health. He has further
Contd…..p/2
AC - 947 of 2016 -2-

informed that no information has been supplied to him so far. He has requested to
adjourn the case to 14.07.2016.
4. Today, Smt. Asha Rani, CDPO Dhuri, appearing on behalf of the
respondents, submits that the appellant has been informed vide letters dated
17.06.2015 and 06.07.2015 that the sought information cannot be supplied to him as it
relates to third party, who has not given their consent to supply the information relating
to them. Consequently, the sought information is perused and discussed in detail. After
detailed deliberations it is observed that the sought information is not personal and
exists in the office domain of the Public Authority. Therefore, the PIO is directed to
supply complete information to the appellant before the next date of hearing.
5. Adjourned to 14.07.2016 at 11.00 A.M.

Sd/-
Chandigarh (Ravinder Singh Nagi)
Date: 22-06--2016 State Information Commissioner

23

STATE INFORMATION COMMISSION, PUNJAB

SCO No. 84-85, SECTOR 17-C, CHANDIGARH
Fax 0172-4630888 Visit us @ www.infocommpunjab.com

Appeal Case No. 452 of 2015

Shri Bhim Sain Madhakia (M-9814130814)
s/o Shri Daulat Ram,
Ward No.14, Jaiton,
District Faridkot-151202. .… Appellant
Versus
1. Public Information Officer,
O/o District Transport Officer,
Faridkot-151203.
2. First Appellate Authority,
O/o State Transport Commissioner, Punjab,
Sector 17, Chandigarh. ….Respondents.
Present: Sh. Saurav on behalf of the appellant.
None for the respondent.

ORDER

1. The respondent is absent without intimation to the Commission.

2. The PIO o/o District Transport Officer, Faridkot is hereby directed to be
present personally on the next date of hearing alongwith an affidavit about the
status of availability of information in the office of the respondent. The matter is
adjourned for hearing on 07.07.2016 at 02:00 PM.
3. Announced in the Court. Copy of the order be sent to the parties.

Chandigarh (Parveen Kumar)

Dated: 23.06.2016 State Information Commissioner

27

STATE INFORMATION COMMISSION, PUNJAB

SCO No. 32-34, SECTOR 17-C, CHANDIGARH
Tele No. 0172-4630059, FAX No. 0172-4630888, Visit us @ www.infocommpunjab.com

COMPLAINT CASE NO.931 of 2016

Sh. Jasbir Singh

Village Bholapur,Jhabewal,
P.O. Ramgarh,District Ludhiana
.…Complainant
Versus
Public Information Officer,
O/o Block Development & Panchayat Officer
Budhlada District Mansa
....Respondent

Present: Sh. Jasbir Singh the complainant in person.

For the respondent: Sh. Harvir Singh, PS (7508006620)

ORDER

1. The complainant states that no information has been provided to him by the
respondent.
2. Sh. Harvir Singh, PS is appearing on behalf of the respondent states that the
information is ready comprising 1435 pages and the complainant was asked to deposit
the documentation fee but he has not deposited the same that is why the information
has been delayed.
3. The complainant is advised to deposit the documentation fee in the office of the
respondent and get the information from him. The respondent is directed that whenever,
the complainant will deposit the fee, the sought for information should be provided to
him without any further delay under intimation to the Commission.
4. The matter is adjourned for further hearing on 02.08.2016 at 11:30AM.
5. Announced in the Court. Copy of the order be sent to the parties.

Sd/-
Chandigarh (Dr. Pawan Kumar Singla)
Dated: 27.06.2016. State Information Commissioner

28

STATE INFORMATION COMMISSION, PUNJAB

 SCO No. 32-34, SECTOR 17-C, CHANDIGARH
Tele No. 0172-4630059, FAX No. 0172-4630888, Visit us @ www.infocommpunjab.com

APPEAL CASE NO.1508 of 2016

Date of institution:27.04.2016
Date of decision:28.06.2016
Sh.Raghvir Singh,
R/o Village Babanpur,
P.O. Bhasaur,Tehsil Dhuri
District Sangrur.
….Appellant

Versus
Public Information Officer,
O/o Block Development & Panchayat Officer,
Dhuri.

First Appellate Authority

O/o District Development & Panchayat Officer
Sangrur
….Respondent

Present: None on the behalf of the appellant.

For the respondent: Sh. Santosh Kumar, BDPO (8968933953)

ORDER

6. The appellant is absent without intimation to the Commission for today’s hearing.
7. Sh. Santosh Kumar, BDPO is appearing on behalf of the respondent submits a
letter of the appellant today in the Commission stating therein that he is satisfied with
the information provided on dated 24.06.2016 to him.
8. After hearing the respondent and perusing the file, it is ascertained that the
sought for information has been provided to the appellant by the respondent on
24.06.2016. In wake of the above, the instant Complaint Case is hereby, disposed of
and closed.
9. Announced in the Court. Copy of the order be sent to the parties.

Sd/-
Chandigarh (Dr. Pawan Kumar Singla)
Dated: 28.06.2016. State Information Commissioner

30

STATE INFORMATION COMMISSION, PUNJAB

SCO 32-34, SECTOR 17-C, CHANDIGARH-160017
(www.infocommpunjab.com)
Shri H.S.Hundal, Advocate,
Advocates’ Chambers, District Courts,
Sector-76, SAS Nagar. …Appellant
Versus
1. Public Information Officer
O/o District Transport Officer, Moga.

2. First Appellate Authority,

O/o State Transport Commissioner, Punjab,
SCO No. 177-78, Sector 17-C, Chandigarh. …Respondents

Appeal Case No. 1070 of 2016

Order
Present: None for the appellant.
Shri Amardeep Singh, Clerk, on behalf of the respondents.
 Shri H.S.Hundal, Appellant vide an RTI application dated 01-12-2014 addressed
to PIO sought certain information on eight points regarding Services being provided under RTS
Act.
2. Failing to get any information within 30 days as mandated under Section 7(1) of
the RTI Act, 2005, he filed first appeal with the First Appellate Authority vide application dated
18-02-2015 under the provisions of Section 19(1) of the RTI Act,2005 and subsequently
approached the Commission in second appeal vide application dated 01-03-2016 under the
provisions of Section 19(3) of the RTI Act,2005, which was received in the Commission on 11-
03-2016 and accordingly, a notice of hearing was issued to the parties for today.
3. Today, the respondent submits that the information sought by the appellant in
this case has already been supplied to him vide letter No. 5874, dated 30.07.2015 in AC-
1083/2015 which was heard and disposed of by Shri Parveen Kumar, SIC, on 11.09.2015. He
further submits that he has brought the information for handing over to the appellant today in the
court but he is not present. Accordingly, the respondent is directed to send this information to
the appellant by registered post and the appellant is directed to send his observations, if any, to
the PIO, with a copy to the Commission.
4. Adjourned to 21.07.2016 at 11.00 A.M.

Sd/-
Chandigarh (Ravinder Singh Nagi)
Date: 30-06--2016 State Information Commissioner