Re: Deduct penalty from official’s pension: Panel

[sabharwal786]

The Orders are as below :

STATEINFORMATION COMMISSION, PUNJAB

SCONO. 32-33-34, SECTOR 17-C, CHANDIGARH



(94175-70000)

Sh. Rohit Sabharwal,

Kundan Bhawan,

126, Model Gram,

Ludhiana …Complainant

Versus

Public Information Officer,

O/o Executive Officer,

Greater Ludhiana Area Development Authority (GLADA)

PUDA Complex, Ferozepur Road,

Ludhiana …Respondent



CC-1925/11

Order



Present: None for the complainant.

For the Respondent: Sh.Ravinder Kumar, APIO



Inthe earlier hearing dated 20.12.2011, it was recorded as under: -



“No reply to the show-causenotice has been tendered by the respondent PIO which is in utter disregard tothe RTI Act, 2005 and the directions of the Commission. In these circumstances, a penalty of Rs.15,000/- (Rupees fifteen thousand only) is imposed on the PIO – Sh. Shiv KumarGupta, Accounts Officer, GLADA, Ludhiana which is directed to be recovered fromhis salary and deposited in the State Treasury under the relevant Head and anattested copy of the receipted challan be produced before the Commission forrecords.”



Itwas further recorded in the same order: -



“After the hearing wasover, Sh. Gurmeet Singh, Sewadar appeared on behalf of the respondent andtendered a written submission from the APIO-cum-AEO, which reads as under: -



‘This office has receivednotice of hearing on 20.12.2011. It isrequested that next date of hearing may kindly be given so that information canalso be supplied. However, informationhas already been given to the applicant on the last date of hearing. If any clarification is required, the samecan be provided on the next date of hearing.’



It is pointed out here thatno notice of hearing has been sent in this case and this date had been fixed inthe earlier hearing on 16.11.2011 wherein Sh. Shiv Kumar Gupta, AccountsOfficer was very much present in person. Sending such a communication is inutter disregard of the directions of the Commission.”


Today,written submissions dated 16.01.2012 have been received by from the PIO whichread as under:-



“In CC 1925/11, Sh. RohitSabharwal had, under the RTI Act, 2005, sought a list / data (whether in theform of list or in the form of notices issued or in any other format) existswith the GLADA / PUDA, Ludhianaregarding the violators schedule of clauses of various schemes / buildingbylaws. This information is requiredfrom January 1, 2000 till date. There are approximately 2,200 files in theEstate Office and only upon perusal of all the files, the data could becollected and compiled. All the SeniorAssistants; working in this office were put on the job of extracting therelevant data from these files who carried out the exercise; however, keepinginto account the heavy workload with the assistants, an interim reply was sentto the applicant on 05.09.2011. Thereafter, on 16.11.2011, information spread over 84 pages has beenprovided to the applicant. Since theinformation was voluminous and a large number of files were to be examined, theeffort took considerable time. Non-appearanceon 20.12.2011 is sincerely regretted but it is worthwhile to mention here thatthe notice of hearing was received in this office later and soon thereupon,through a written request, another date had been requested and the same waspresented before the Hon’ble Commission.



As complete information hasalready been provided to the applicant and also the fact the above statedfacts, it is respectfully prayed that the show-cause notice may kindly bedispensed with.”



Ithas been intimated that the officer who was the designated PIO namely Sh. ShivKumar Gupta, Accounts Officer, has since retired.



However,in view of the fact that the order of penalty has already been passed on20.12.2011, the amount of penalty is directed to be recovered from the pensionarydues payable to Sh. Shiv Kumar Gupta.



For confirmation ofcompliance, to come up on 14.03.2012 at11.00 A.M. in the Chamber.



Copiesof order be sent to the parties.



Sd/-

Chandigarh Mrs. Ravi Singh

Dated: 17.01.2012 State InformationCommissioner