Re: [HumJanenge] Punjab CIC issues bailable warrants against PIO

Very strict and appropriate action.  Such boldness is required by other SICs and CIC.

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From: sandeep kumar <drsandgupta@gmail.com>
To: HC Arora <hcarora.highcourt@gmail.com>; hitenderjain <hitenderjain@gmail.com>; Hemant Goswami <hemantgoswami@gmail.com>; humjanenge <humjanenge@googlegroups.com>; right2justice <right2justice@gmail.com>; Kuldeep Singh Khaira <kuldeepsingh_khaira@yahoo.com>; lsa_ludhiana <lsa_ludhiana@yahoo.com>; apsshergill <apsshergill@gmail.com>
Sent: Wednesday, 19 October 2011 10:35 PM
Subject: [HumJanenge] Punjab CIC issues bailable warrants against PIO

STATE INFORMATION COMMISSION, PUNJAB
SCO No. 84-85, Sector 17-C, CHANDIGARH.
(www.infocommpunjab.com)

Shri Rajiv Lohatbaddi Advocate s/o Late Sh. Baru Ram,
r/o House No.-72-B Professor Colony,
PO Punjabi University,
Opposite Punjabi University, Patiala.                          -------------Complainant.
                Vs.
The Public Information Officer,
o/o the Block Development & Panchayat Officer,
Pakhowal, Tehsil & District-Ludhiana.                    -------------Respondent.

CC No. 2121  of 2011

Present:-    Shri Rajiv Lohat Baddi complainant in person.

Shri Surinderjit Singh, Panchayat Secretary on behalf of the respondent.
ORDER
        On the last date of hearing a show cause notice under Section 20 of
the Right to Information Act, 2005 was issued to Shri Gurvinder Singh,
Sarpanch Gram Panchayat Hargobindpur Colony, Block Pakhowal, District
Ludhiana as to why penalty should not be imposed on him for willful
denial and obstruction of the flow of information to the
information-seeker.  Direction was also issued to Shri Surinder Singh,
Secretary, Gram Panchayat to produce the relevant record in the
Commission on 18.10.2011.
2.        Shri Gurvinder Singh has neither appeared nor sent any reply.
Shri Surinderjit Singh, Secretary submits that the entire record is in
the custody of Sarpanch and that he has not given copies of the
relevant documents being sought by the information-seeker.  He has
further placed on record an unattested photocopy of DDR No.10 dated
21.9.2011 of Chowki Chhapar, Police Station, Jodhan and submitted that
the police report was filed as the Sarpanch has not handed over the
record.
3.        I have heard the parties and gone through the record.
4.        The PIO-cum-Secretary further states that even a written direction
was issued by way of registered post to the Sarpanch by the Block
Development and Panchayat Officer, Pakhowal asking him to give the
relevant record so that the information could be given but the
Sarpanch declined to accept the letter.
5.        The above facts indicate a willful and intentional denial on the
part of Sarpanch who is deemed to be PIO under Section 5(5) of the
Right to Information Act, 2005. Given the circumstances of this case,
there is no option but to issue bailable warrant, in exercise of the
powers conferred on this Commission under Section 18(3) of the Act
ibid with the relevant provisions of the Civil Procedure Code.
Accordingly, a direction is given to the Senior Superintendent of
Police, Ludhiana (Rural)/Jagraon to serve the bailable warrant to
ensure the presence of the deemed PIO-cum-Sarpanch-Shri Gurvinder
Singh on the next date of hearing which is fixed for 5.12.2011 at
10.30 A.M.

                   
                                              (R.I. Singh)
October 18, 2011.                                Chief Information Commissioner
                                            Punjab

CC

The Senior Superintendent of Police, Ludhiana (Rural)/ Jagraon with
the direction to execute the bailable warrants on Shri Gurvinder
Singh, Sarpanch Gram Panchayat Hargobindpur Colony, Block Pakhowal,
District Ludhiana
--
Dr. Sandeep Kumar Gupta
989, Sector 15-A, Opposite bishnoi Colony, Hisar-125001, INDIA
Phone: 91-99929-31181