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Thread: RTI: Security cover info denied

  1. #9

    Re: RTI: Security cover info denied


    Dear Kaushal

    I have tryed to do the same (to upload my file) on the said directory but it is saying that your data is exceeding the limt of XXX words,please advice how can I tranfer the same or do it yourself my basic motive is to update all the members and other RTI related persons and get their valuable advice/help/directions etc for better presentation of my RTI Application/Appeal

    regards



  2. #10

    Re: RTI: Security cover info denied


    Dear Brother
    greetings i would like to here the reply on the on 09/07/2008
    Regards.
    Bhupinder.

    I will post the decision/reply after the hearing to be held on 09/07/2008 before the bench of Chief Information Commissioner,Punjab for the information of all members and general public.

    May God Bless All

    Shakti Paul Sharma[/quote]

  3. #11

    Re: RTI: Security cover info denied


    i would like to here from youon that date

    regards

  4. #12

    Re: RTI: Security cover info denied



    that was the requirement of the punjab state. where security cover was used by the powerfull people for there personal status the money paid by the people of punjab by commonman was used to protect these persons.

    regards.

  5. #13

    Re: RTI: Security cover info denied


    Please find the post dated Judgement of Chief Information Commissioner,Punjab as available on the web site of Punjab Information Commissioner web site www.https://www.infocommpunjab.com offical web site of Punjab Information Commissioner
    click orders under section S.18/S.19 then click on date 09 Jul 08 (1) and you will find the post dated Judgement.Actualy the date of hearing was 09.07.2008 and I was told that the Judgement is reserved.I am enclosing the copy(s) of both the orders of the CIC,Punjab.Moreover the case was heard by Sh.Rajan Kashyap CIC & Lt.Gen.P.K.Grover (Retd) SIC,where as it/order is mentioning that the order is passed by CIC Sh.Rajan Kashyap and SIC Sh.P.P.S.Gill .and further order final which is supposed to be passed on 15.09.2008 (as per the web site of SIC,Punjab).Please advice.I and my family might be under threat of life.


    STATE INFORMATION COMMISSION, PUNJAB
    SCO No. 84-85, Sector 17-C, CHANDIGARH
    Home Page

    Shri Shakti Paul Sharma,
    F-1, Block 31, Vill & PO-Bhainsa Tibba,
    Shri Mata Mansa Devi Farm,
    Near Shri Mata Mansa Devi Temple,
    Teh.& Distt- Panchkula.. ..Appellant

    Vs.

    Public Information Officer,
    O/o I.G.P., Headquarters, Punjab.
    Sector 9, Chandigarh. …..Respondent

    AC No. 190 of 2008
    ORDER
    Present: Shri. Sapan Dhir, Advocate on behalf of Appellant.
    Shri. Harbhajan Singh, DSP (Security) on behalf of Respondent.

    Written arguments were given by the Appellant on the last date of hearing. Respondent gives his response in writing. Copy of this submission is delivered to the Appellant.
    2. Judgment reserved. Copies of the order be sent to both the parties.

    (Rajan Kashyap)
    Chief Information Commissioner
    Chandigarh
    Dated: 09.07.2008

    (P.P.S.Gill)
    State Information Commissioner


    STATE INFORMATION COMMISSION, PUNJAB
    SCO No. 84-85, Sector 17-C, CHANDIGARH
    Home Page

    Shri Shakti Paul Sharma,
    F-1, Block 31, Vill & PO-Bhainsa Tibba,
    Shri Mata Mansa Devi Farm,
    Near Shri Mata Mansa Devi Temple,
    Teh.& Distt- Panchkula.. …...Appellant

    Vs.

    Public Information Officer,
    O/o I.G.P., Headquarters, Punjab.
    Sector 9, Chandigarh. …..Respondent

    AC No. 190 of 2008
    ORDER

    Arguments in this case were heard on 09.07.2008 and the judgment was reserved.
    2. The information sought by the Appellant in the instant case pertains to the deployment of police personnel on security duty, VIP duty etc. by the Punjab police (including any wing of Punjab police). The grievance of the Appellant is that the information sought by him has not been supplied by the Respondent PIO and the first appeal preferred by the Appellant has also not yielded any positive result.
    3. The stand of the Respondent is that it is under no obligation to provide information demanded, in the instant case, inasmuch as the information pertains to the security wing of the Punjab police, which organization has been taken out of the purview of the RTI Act, 2005 by the Punjab Government through the issuance of a Notification dated 23.02.2006, in exercise of the power under Section 24 of the RTI Act, 2005. Apart from the submissions made by the Appellant on merits, the Appellant claims that Section 24 has no application to the instant case as Punjab Police does not figure in the list of organizations given in the Second Schedule to the RTI Act, 2005.
    4. A close reading of Section 24 of the Act shows that the organizations specified in the Second Schedule are those organizations which are established by the Central Government. The reference to the Second Schedule is made in sub-Section (1) of Section 24 which exclusively deals with the non-applicability of the Act to the organizations established by the Central Government. In so far as the organizations
    Contd…P/2
    -2-

    established by the State Governments are concerned, it is sub-Section (4) of Section 24 which is the relevant provision for the purpose of exempting the organization/s from the applicability of the RTI Act, 2005. The Second Schedule has no relevance to the issuance of the Notification by the State Government under sub-Section (4) exempting certain organization/s from the applicability of the RTI Act, 2005. The submission made by the Appellant that Section 24 does not apply to the instant case is, thus, without merit. Perusal of the notification dated 23.02.2006 shows that certain organizations including the security wing have been taken out of the purview of the RTI Act, 2005. The Notification has been issued by the Government of Punjab in exercise of its power under Section 24 (4). We do not find any legal infirmity in the issuance of the Notification. The Notification, therefore, will have effect and operate as per its content.
    5. In view of the foregoing, we are of the view that the instant appeal is liable to be dismissed being without merit. We order accordingly. Copies of the order be sent to both the parties.

    (Rajan Kashyap)
    Chief Information Commissioner
    Chandigarh
    Dated: 15.09.2008

    (P.P.S.Gill)
    State Information Commissioner

  6. #14

    Re: RTI: Security cover info denied


    After keeping the Judgments/orders dated 09.07.2008 down/offloaded for 2-3 days from the official web site of CIC,Punjab.
    Now the official web site of CIC,Punjab has removed the post dated Judgment from the folder containing Judgments for 09.07.2009 from its web site.

  7. Re: RTI: Security cover info denied


    Sir,
    please update me abt the outcome to IInd appeal.
    thanks
    Param

  8. #16

    Re: RTI: Security cover info denied


    Mr Shakti

    this is ramanjeet here , i had too filed a similar RTI and the response i got is the similar .If you can please share with me the details of the final verdict it will help me a lot in deciding my future course of action

    --Thx
    Ramanjeet Singh

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