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Central Information Commission

Sanjeev Sharma vs Ministry Of Law & Justice on 4 July, 2017

                            CENTRAL INFORMATION COMMISSION
                            2nd Floor, 'B' Wing, August Kranti Bhawan,
                              Bhikaji Cama Place, New Delhi -110066
                                        Tel : +91-11-26717355

                        Appeal Nos. CIC/SA/A/2015/001682, 001680, 001665,
                        001645, 001648 & 001426 (6 cases)

Appellant:              Shri Sanjeev Sharma,
                        R/o 2149, Jalvayu Vihar, Sector-67,
                        Mohali-160062.

Respondent:             Central Public Information Officer/Jt.Registrar,
                        High Court of Punjab & Haryana,
                        Chandigarh.

Date of Hearing:            04.07.2017

Date of decision:       04.07.2017

                        ORDER

Facts:

No. CIC/SA/A/2015/001682

1. 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 how much financial assistance to District Bar Association, Panipat 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 money 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, year-wise? 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.

2. 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/SA/A/2015/001680

3. 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 how much financial assistance to District Bar Association, Phillaur 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 money 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, Page 2 of 8 Octroi, service tax and other govt. taxes have been paid by Bar Association in the last twenty years, year-wise? 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.

4. 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/SA/A/2015/001645

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 how much financial assistance to District Bar Association, Phul 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 money 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, year-wise? c) what other facilities/ subsidies/assistance is Page 3 of 8 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.

6. 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/SA/A/2015/001648

7. 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 how much financial assistance to District Bar Association, Rupnagar 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 money 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, year-wise? 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 Page 4 of 8 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.

8. 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/SA/A/2015/001665

9. 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, Narnaul & 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 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.

10. 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. No. CIC/SA/A/2015/001426

11. 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, Faridkot & 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 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.

12. 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:

13. The appellant did not participate in the hearing. The respondent Mr. Inder Singh, PIO participated in the hearing through video conferencing and he agreed to hearing of these 6 cases together, as the subject matter is similar in nature.

14. The respondent stated that earlier the same matter was heard in the Commission on 28.07.2016 in appeal no. CIC/VS/A/2015/002154 +--(Total 651 cases), wherein the respondent was directed as follows:-

"(a) Provide information, in the context of RTI applications, to the appellant as follows- (i) the details of the allotment of Advocate's chambers and file notings relating to allotment of chambers (ii The building Plan of the Bar Association approved by the Hon'ble High Court of Punjab and Haryana and the minutes of meeting/file notings and policy in this regard. (iii) Polices & directions of Supreme Court on selection of Judges of all categories, if available (iv) Subordinate Court's case disposal data submitted to the Hon'ble High Court. (v) policy/guidelines/orders with regard to use of beacons by the Judicial Officers, if any, issued by the Hon'ble High Court of Punjab and Haryana.

(b) Transfer the RTI applications of the appellant under section 6(3) of the RTI Act to (i) Law Commission with regard to recommendations of Law Commission in relation to strength of judges, shortage of staff, monthly quota of disposal of cases by judicial officers etc. as concerns the Law Commission (ii) Bar Council of India, with regard to advocate related information etc. as concerns the Bar Council of India; and comply with the above within 30 days of receipt of this order."

15. Further, the respondent stated that they have provided the sought for information to the appellant in compliance with the aforesaid order dated 28.07.2016.

Discussion/ observation:

16. This Commission is of the view that the present matter is identical in nature, therefore, the earlier order dated 28.07.2016 in appeal no. CIC/VS/A/2015/002154 +--(Total 651 cases) should be complied with.

17. The action/steps taken by the respondent in giving information in response to the RTI application is satisfactory.

Decision:

18. The Commission's earlier order dated 28.07.2016 in appeal no. CIC/VS/A/2015/002154 +--(Total 651 cases) is applicable in these cases.

19. No further intervention of the Commission is required in the matter.

The appeals are disposed of. Copy of the order be given to the parties free of cost.

(Radha Krishna Mathur) Chief Information Commissioner Authenticated true copy (S.C. Sharma) Dy. Registrar Page 8 of 8