Central Information Commission
Amritpal Singh Khalsa vs Bar Council Of India on 29 January, 2024
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीय सूचना आयोग
Central Information Commission
बाबागंगनाथमागग, मुननरका
Baba Gangnath Marg, Munirka
नईदिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/BCOIN/A/2022/157176
Shri Amritpal Singh Khalsa ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, Bar Council of India ...प्रनतवािीगण /Respondent
Date of Hearing : 29.01.2024
Date of Decision : 29.01.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 01.09.2022
PIO replied on : -
First Appeal filed on : 19.10.2022
First Appellate Order on : -
2 Appeal/complaint received on
nd : 06.12.2022
Information soughtand background of the case:
The Appellant filed an RTI application dated 01.09.2022 seeking information on following points regarding a press release Dt.30.06.2021 issued by the Bar Council of India constituting a committee to review the notification dt 25.06.2021.:-
"1.Please provide information on the dates on which the above Review Committee has met.
2.Please provide me certified copy of the agenda, minutes and the resolutions of the Review Committee passed on all the above dates.
3. Please provide me certified copies of the representations/complaints/suggestion/E-mails placed before the Review Committee.
4. Name designation, contact details of 1 appellate authority in this regard."
Dissatisfied due to non-receipt of any response from the CPIO, the Appellant filed a First Appeal dated 19.10.2022 which was not adjudicated by FAA as per available records.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Page 1 of 3Facts emerging in Course of Hearing:
Appellant: Absent Respondent: Shri Jogiram Sharma, Addl Secretary The Appellant remained absent during the hearing despite prior intimation. Several attempts made by the Commission to contact the Appellant through audio conference went in vain as the calls remained unanswered. On perusal of the Second Appeal it is found that the Appellant has primarily contended that no reply was provided to him by the CPIO/ FAA, till date and that information be provided to him free of cost.
Shri Jogiram Sharma referred to the written submission dated 25.01.2024 wherein the earlier written submission dated 11.07.2023 was reiterated, the relevant extracts of which are as under:
In this context I am submitting that Appellate Authority therein filed in 2nd Appeal dated 03.12.2022 before the Hon'ble CIC on the ground that the CPIO did not reply in response of his RTI application dated 01.09.2022 as well as 1st Appeal filed by the Appellant before the 1st Appellate Authority of the Bar Council of India. At the outset I would like to submit that the CPIO could not reply/ provide the information in response of his RTI application dated 01.09.2022 as the RTI of the Applicant was transferred inadvertently to the other Department alongwith other RTI, because of this reason RTI could not come in the knowledge of CPIO. When notice is received from Hon'ble CIC, we have traced the RTI and found that RTI dated 01.09.2022 sent to another department. It is to submit that none furnished the reply was not intentional. However, the CPIO seek apology of the Hon'ble CIC for not sending the reply within time. I also undertake, I will be extra careful in whole dealing with RTI in future. It is submit that after receipt of the Notice of Hon'ble CIC, the CPIO has provided/furnished the information to the appellant. The reply of the CPIO sent to the appellant is given below:
Please find herewith para wise reply of RTI dated 01.09.2022 of the appellant. The fact of the matter is that appellant you have sought certain information which vide RTI dated 01.09.2022 pertaining to the Press Release dated 30.06.2021 issued by the Bar Council of India. The Bar Council of India amended to the Rules relating to misconduct and added section V i.e. duty towards a society and Section V-A code of conduct and Disqualification for member of the Bar Council of India which was published in Gazette Notification in extraordinary Part - III, Section 4 on 26.06.2021. It is further inform you on the request of some of the Member of the Bar, Bar Council of India has decided to Review of said Rule relating to misconduct and it was further resolved till the report of Review Committee is received, the operation/implementation of the amended rule published in Gazette Notification dated 25.06.2021 is kept in abeyance.Page 2 of 3
So far meeting of the concerned Review Committee is concerned, it is to inform to you that no meeting of Review Committee is so far. Please find hereunder para wise reply on your RTI application dated 01.09.2022.As regard to query No. 1
It is to inform you that the meeting of Review Committee is not held so far.
As regard to queries No. 2 & 3:-As the meeting could not be held there is no question of copy of Agenda, Minutes and representation of the Review Committee.
As regard to queries No.4:- Mr. Ashok Kumar Pandey, Joint Secretary, Bar Council of India is Appellate Authority of the Bar Council of India.
In view of the above, it is humbly prayed that appeal filed before CIC by the appellant against the CPIO of the Bar Council of India and Appellate Authority, may kindly be dismissed."
Decision:
Keeping in view the facts of the case and the submissions made by both the parties, the Commission is of the view that an appropriate point wise reply in accordance with the provisions of the RTI Act, 2005 has been provided to the Appellant at this stage. The delay in replying to the RTI application is condoned for the reasons explained by the Respondent in the written submission. However, the CPIO, Bar Council of India is directed to ensure that timelines stipulated in the provisions of the RTI Act, 2005 are strictly complied with in future.
The instant Second Appeal stands disposed off as such.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 of 3