Central Information Commission
Mrsanjeev Sharma vs High Court on 18 March, 2016
CENTRAL INFORMATION COMMISSION
2nd Floor, 'B' Wing, August Kranti Bhawan,
Bhikaji Cama Place, New Delhi -110066
Tel : +91-11-26717355
Appeal No. CIC/VS/A/2015/002453, 002451, 002446, 002553, 002521,
002518, 002425, 002434, 002529, 002448, 002121, 002124, 002115,
002118 (14 cases)
Appellant: Shri Sanjeev Sharma,
R/o 2149, Jalvayu Vihar, Sector67,
Mohali1600062.
Respondent: Central Public Information Officer/Jt.Registrar,
High Court of Punjab & Haryana,
Chandigarh.
Date of Hearing: 18.03.2016
Date of decision: 18.03.2016
ORDER
Facts:
1. The appellant filed RTI applications referred to in the aforesaid appeals. They involve broadly similar nature of information in respect of Land & Building of Bar Association, advocate Chambers & shops in the Punjab & Haryana High Court, Chandigarh and its subordinate Courts at Kosli, Dhuri, Malout,Ferozepur Jhirka, Nihal Singh Wala, Ellenabad,Siwani, Naraingarh, Nabha, Balachaur, Jagraon, Zira, Patiala, Pataudi, etc.
2. For the sake of convenience, the brief facts are taken from the appeal Nos. CIC/VS/A/2015/002453, CIC/VS/A/2015/002121, CIC/VS/A/2015/002446, as follows:
No. CIC/VS/A/2015/002453 Page 1 of 5 The appellant filed RTI application on 21.05.2015 seeking information regarding: a) Punjab and Haryana High Court and its subordinate Courts/Govt/Governor/MPLAD and other Govt. agencies have given what financial assistance to District Bar Association, Kosli from 1.1.1996 to 20.5.2015, whether this Bar Association is registered under Constitution of India/Acts of Parliament/any other law, name of the approving/recommending authorities in Punjab & Haryana High Court etc. provide all the policies/proposal/ recommendation/ allotment details of this including file notings in Punjab and Haryana High Court, b) how much money has been spent on the maintenance/new construction of Bar Association Shops and restaurants from public/non public funds from 1.1.1996 to 20.5.2015, along with policies and file notings, who are the approving authorities for the expenditure of these public/non public funds, whether Punjab & Haryana High Court or its subordinate courts, govt. officers or private etc., who collects rents from them? How much income was derived from these ventures in the last 20 years, how much income tax, sales tax, VAT, Octroi, service tax and other govt. taxes have been paid by Bar Association in the last twenty years, yearwise? c) what other facilities/ subsidies/assistance is provided by Punjab and Haryana High Court to Bar Association like electricity bills, water bills, furnitures etc. d) provide income and expenditure of Bar Association Welfare Fund and Benevolent fund from 1.1.1996 to 20.5.2015 with file notings and policies, e) whether this Bar Association is 'State' as defined under Article 12 of Constitution of India and 'Public Authority' as defined in section 2(h) of RTI Act, 2005. If yes, how? If no, why? What are the Supreme Court, Punjab & Haryana Court & Bar Council of India ruling on this? f) Any other relevant information, g) file notings of progress of this RTI. The CPIO responded on 03.06.2015. The appellant filed first appeal before the First Appellate Authority (FAA) on 11.06.2015. The FAA responded on 16.07.2015. The appellant filed second appeal before the Commission on 11.09.2015.
No. CIC/VS/A/2015/002121 The appellant filed RTI application on 19.05.2015 seeking information on various points relating to: a) particular land in the state of Punjab and Haryana on which some Bar Association, Advocates Chambers Page 2 of 5 and shops of subDivisional Judicial Courts, Jagraon, are built, whether it is private land or Govt./High Court land, the area of the land, name of the approving/recommending authorities in Punjab & Haryana High Court, If this is govt. land, how much money did it pay to govt. to buy/lease/annual rent? provide all the policies/proposal/ recommendation/allotment details of this land including file notings in Punjab and Haryana High Court; b) how much money has been spent on the maintenance/new construction of Bar Association and Advocates Chambers from public/non public funds from 1.1.1996 to 18.5.2015, alongwith policies and file notings, name of the approving authorities for the expenditure of these public/non public funds, whether Punjab & Haryana High Court or its subordinate courts, govt. officers or private etc., c) who are the members of managing committee including President, Secretary, Treasurer, Vice President, Joint Secretary and Executive Members for the last twenty years, whether they are judicial/govt. officers or private persons, d) number of employees (govt. servants/others) working in Punjab and Haryana High Court or its subordinate courts, to the govt. servants working here get any honorarium and, who decide that? Who issues Form 16 to these employees? Are they paid minimum wages as per govt. law? e) If this land is withdrawn by Punjab and Haryana High Court/Govt., will the Bar Association and Advocates chambers exist? Provide income and expenditure of Bar Association from 1.1.1996 to 18.5.2015 with the file notings and policies. f) Any other relevant information, g) file notings of progress of this RTI. The CPIO responded on 30.05.2015. The appellant filed first appeal before the First Appellate Authority (FAA) on 11.06.2015. The FAA responded on 16.07.2015. The appellant filed second appeal before the Commission on 7.09.2015.
No. CIC/VS/A/2015/002446 The appellant filed RTI application dated 26.05.2015 seeking information regarding: a) how many Advocates, (with full details), are the members of Sub Division Bar Association, Malout & practice in Punjab & Haryana High court and its subordinate Courts, have their names become different/changed in their offices/Vakalatnama/power of attorney from the names mentioned while enrolment in the Bar Page 3 of 5 Council of India (BCI)? What are the policies of Punjab & Haryana High Court, Supreme Court of India & BCI on change of name? How many Advocates have been struck off the rolls of BCI for using different names, in the last twenty years? B) How many Advocates, with full details, who are the members of same Bar Association and practice in Punjab & Haryana High Court and its subordinate Courts, have not filed a single Vakalatnama/power of attorney in any Court after enrolment in the Bar Council of India from 1.1.2014 to 25.5.2015? What are the policies of Punjab & Haryana High Court & BCI on this? How many Advocates have been struck off the rolls of BCI for not doing active legal practice? c) How many Advocates with full details, who are the members of same Bar Association & practice in Punjab & Haryana High Court & its subordinate Courts, have been doing/involved in other business after enrolment in the Bar Council of India? What are the policies of Punjab & Haryana High Court & BCI on such working? How many Advocates have been struck off the rolls of BCI for doing different business other than legal practice, in the last twenty years? e) How many employees, with full details, are working in this Bar Association and what is their pay scale and pay? What are the medical benefits, EPF, insurance and pension benefits available to them. Can they form a trade union? If yes, how? If no, why? f) Any other relevant information, f) file notings of progress of this RTI. The CPIO responded on 30.05.2015. The appellant filed first appeal before the First Appellate Authority (FAA) on 11.06.2015. The FAA responded on 16.07.2015. The appellant filed second appeal before the Commission on 11.09.2015.
Hearing:
3. The appellant and the respondent both participated in the hearing through video conferencing.
4. The appellant stated that the subject matter of the appeals listed for hearing today i.e 18.03.2016 is same as the subject matter of the appeals which were heard on 14.03.2016 by this Commission. The appellant further stated that he has sent the additional documents/written submissions very next day of the hearing dated 14.03.2016 of earlier appeals. The appellant stated that the copy of the additional documents/written submissions have already been served upon the respondent. Page 4 of 5
5. The appellant agreed that all cases may be heard by the Commission together on receiving the additional paper/written submissions of the appellant.
Decision
6. Hearing of all the cases will be held on 11.04.2016.
Copy of decision be given free of cost to the parties.
(Radha Krishna Mathur) Chief Information Commissioner Authenticated true copy (Prakash) Deputy Registrar Page 5 of 5