Central Information Commission
Mrsanjeev Sharma vs High Court on 16 August, 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/2015/002613 +--
(Total 15 cases)
Appellant: Shri Sanjeev Sharma,
R/o 2149, Jalvayu Vihar, Sector-67,
Mohali-1600062.
Respondent: Central Public Information Officer/Jt. Registrar,
High Court of Punjab & Haryana,
Chandigarh.
Date of Hearing: 16.08.2016
Date of decision: 16.08.2016
ORDER
Facts:
1. The appellant filed RTI applications referred to in the appeals (a list of 15 cases is at annexure I to this order) seeking similar nature of information on broadly four categories in respect of details of Advocates who are the members of sub division Bar Associations and practice in Punjab & Haryana High Court, Use of signs & symbols of authority such as red lights, Land & Building of Bar Associations, money spent on the maintenance/new construction of Bar Associations & Advocate Chambers & shops of sub divisional Courts, cases disposal data of the Punjab & Haryana High Court etc.
2. Information sought for by the appellant and response given by the respondent on a sample basis for each of 4 categories of questions is given below:Page 1 of 9
Information asked by Appellant in case no. CIC/VS/A/2015/002613 involving RTI CPIO's reply S.No. application dated 26th May, 2015 and 4 similar cases 002427,002475,002481, and 002601.
1 a) How many advocates, with full details, who are the members of sub The division Bar association, Moga & practice in Punjab & Haryana High Court information is & its subordinate Courts, have their names different/changed while using not in their offices/Vakalatnama/power of attorney from the names available/does mentioned while enrolment in the Bar Council of India? What are the not relate to policies of Punjab & Haryana High Court, Supreme Court of India & BCI on this Court.
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 & 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 25.05.2015? 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?
d) How many employees, with full details, are working in this Bar Association & what is their pay scale & pay? What are the medial benefits, EPF, insurance & pension benefits available to them? Can they form a trade union? If yes, how? If no, why?
e) Any other relevant information.
f) File notings of progress of this RTI.
S.No. Information asked by Appellant in case no. CPIO's reply CIC/CC/A/2016/000221 involving RTI application dated 6th Jul 2015 and similar case 000552.
2. a) Whether Punjab & Haryana High Court/State Govt., are As regards point Nos. a, b, c bound by the rulings of Supreme Court of India? If they (except Ist query) and e, you do not do so, are they liable for contempt of Court and are hereby informed that it is will this affect the implementation of Constitution of beyond the jurisdiction and India? scope of duties of the
b) In special Leave Petition No. (C )No. 25237/2010 with undersigned under the Right to SLP No. 23984/2010, Supreme Court has stated that ( on Information Act, 2005 to the issue of use of vehicles with red lights, we were comment, opine and advise on inclined to agree with Shri Harish Salve, learned Amicus matters and your request is not that use of signs & symbols of authority such as red covered within the meaning of lights etc., is contrary to the constitutional ethos and the 'Informatin' as defined under basic feature of republicanism---) is this true? Section 2(f) of the RTI Act, 2005
c) If yes, then who are the Officers of State Govt. Or Punjab Regarding Ist query of point no. & Haryana High Court who has authorized the judicial C as per notifications issued by officers to use Amber or Blue lights? Are they liable to be States of Punjab and Haryana, Page 2 of 9 held under the contempt of Court? Whether any action Transport Department of State has taken against them so far? is competent authority to
d) How many judicial officers posted in District & Sessions authorise the Judicial Officers to Courts, Safidon have been using any colour of light, with use Amber or Blue Light. flasher on or off, on their official or private vehicles for Regarding point nos. (d) and (f) the last 15 years, name wise and duration wise? copies of 114 applications dated
e) If there is a conflict of orders for a judicial officer from 06.07.2015 have already been Supreme Court or Punjab & Haryana High Court/State transferred to the concerned Govt., which order should he follow? State Public Information
f) How many Gunmen are working at the offices & Officers on 10.07.2015 under residences of judicial officers in these courts, for the last intimation to you, as per the 15 years, name wise and duration wise and under what provisions of Section 6(3) of RTI authority? How much are their working hours and Act,2005. charter of duties? If they work more, do they get overtime? Are they asked to do menial jobs like driving their private vehicles, carrying wives & children of these judicial officers in the above mentioned courts? Are they treated like bonded labour?
g) Any other relevant information.
h) File notings of progress of this RTI.
S.No. Information asked by Appellant in case CPIO's reply no. CIC/VS/A/2015/002608 involving RTI application dated 19th May, 2015 and 5 similar cases 002608,002609, 002731, 002732, 002733,002735.
3. a) Bar Association, Advocates (a)The buildings of District Bar Associations Divisions/Sub-
Chambers & shops of Sub divisions & Advocate chambers are built in the judicial Divisional Judicial courts, Samrala, are built on which Courts Complexes in the States of Punjab and Haryana, on land? Whether it is private land the land provided by the State Governments free of cost.
or Govt/High Court land? How
much area is of this land? Who Cost of land is available is available with respective State
are the
Governments. Area of the land is available with the approving/recommending authorities in Punjab & Haryana Architecture Departments of Punjab and Haryana at High Court. If this is govt land, Chandigarh. Lay out plan of the buildings of District Bar how much money did it pay to govt to buy/lease/annual rent? Association/Bar Association and Lawyers Chambers are Please provide all the approved by the Hon'ble Building Committee of Punjab policies/proposal/recommenda tion/allotment details of this and Haryana High Court. Monthly rent of Rs. 50/- for each land including file notings in chamber constructed are being paid by the Lawyers to Punjab & Haryana High Court.
b) How much money has been concerned Deputy Commissioner in the State of Punjab spent on the maintenance/new and Haryana, as per notification dated 11.11.2002 of the construction of Bar Association & advocates chambers from Haryana Government public/non public funds, from
b) The expenditure incurred on the 01 Jan 1996 to 18th May, 2015, Page 3 of 9 along with policies and file maintenance/construction of the building of District Bar notings. Who are the approving Association/Bar Association in the States of Punjab and authorities for the expenditure of these public/non public Haryana, is with the Chief Engineer (Sought)-cum Nodal funds, whether Punjab & Officer, PWD (B&R) Department, Chandigarh. Lawyers' Haryana High Court or its subordinate courts, govt Chambers are being constructed by the lawyers at their officers or private?
own expenses and maintenance thereof is also looked
c) Who are the members of managing committee including after by them. State Government of Punjab and Haryana President, Secretary, Treasurer, are the approving authorities.
Vice President, Joint Secretary & Executive Members for the c)The information is not available/does not relate to this last twenty years, whether Court.
judicial/govt officers or Private?
d) How many Punjab & Haryana d) The information sought is not clear, as the word 'here' High Court or its subordinate does not lead anywhere.
Courts employees/govt
servants/others are working (e) Till date, no such situation arisen whereby land once
here? Are the govt servants
allotted is withdrawn. Remaining information does not working here get any honorarium and others any relate to this Court.
pay? Who decides 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 & Haryana High
Court/Govt, will the Bar
Association & Advocates
chambers exist? Please provide
income & expenditure of Bar
association from 01/01/1996 to
18 May, 2015 with file notings
& policies.
f) Any other relevant information.
g) File notings of progress of this
RTI.
S.No. Information asked by Appellant in case no. CPIO's reply
CIC/CC/A/2016/000250 involving RTI application dated 30th June, 2015 and similar case 000252.
4. a) Punjab & Haryana High court has received 1(a) Total 1735804 cases have been registered how many cases , appeals, writs, petitions in this Court during the period from and correspondingly Vakalatnama/power 01.01.1996 to 30.06.2015, the year wise detail of attorney from practicing advocates of which are given below:-
from 01 Jan 1996 to 30th June, 2015, year Sr. No. Year Count wise?. 1 1996 52881
b) How many advocates out of these are the Page 4 of 9 members of Bar Association,Kaithal? 2 1997 58980
c) How much professional fees have these 3 1998 63772 advocates charged from their clients? 4 1999 69092 Whether they informed Punjab & Haryana 5 2000 72909 High Court and its subordinate courts/govt 6 2001 79305 about this fee? Whether this financial 7 2002 104228 transaction was done by cheque/credit 8 2003 74969 card or cash? If this professional fee is 9 2004 70392 taken by cash, are there any rules by 10 2005 76241 Supreme Court or Punjab & Haryana High 11 2006 84615 Court or BCI to disclose this income? Do 12 2007 83247 they issue receipt for fees taken? Who 13 2008 94283 issues Form 16 to these advocates 14 2009 98613 including Advocate Generals & their 15 2010 108203 subordinate advocates? Is this the 16 2011 112730 convenience of these advocates to file their IT returns as per their discretion, if 17 2012 115727 there is no check on their fees and 18 2013 123101 expenditure? Does this lead to black 19 2014 131739 money generation? Are these advocates 20 2015(upto30.06.2015) 60777 paying any service taxes? Are these Total 1735804 advocates paying VAT/Sales Tax/ Octroi or any other local or central taxes on their However, no data is maintained about the purchases of books, software etc. How Vakalatnama/POAs etc. and such, no much do these advocates pay to their information can be supplied in this regard.
juniors/clerks /munshis & issue Form 16 to 1(b). No such data is maintained regarding the them ? Do they deduct income tax at membership of Advocates with the Punjab source from their salary & deposit with and Haryana High Court Bar Association and govt? the District Bar Associations in the States of
d) On what authority, these clerks/munshis Punjab and Haryana and therefore, no & even advocates enter Punjab & Haryana information is available in this regard. Court premises & who is responsible for 1(d) The Advocates and Munshies enter in the security checks carried on them. High Court premises after showing their
e) Whether this Bar Association is State as respective identity to the security personnel defined under Article 12 of Constitution of deputed at the entry gates of this Court. The India & Public Authority as defined in security of this Court premises is provided by Section 2(h) of RTI Act, 2005? If yes, how? the Chandigarh Police. If no, why? What are the Supreme Court, Rest of the information does not relate to this Punjab & Haryana High Court & Bar Court/not available in this Court. Council of India rulings on this? Who is issuing the security passes to these advocates as is done in Supreme Court?
Please provide me the copies of all documents mentioned above including fee receipts, Vakalatnamas/power of attorney, tax receipts, pay slip to Munshis/clearks/juniors.
f) Any other relevant information.
g) File notings of progress of this RTI.
Page 5 of 93. The appellant has prayed in the second appeals that-
a) He should be given information requested in his applications as per section 6 of the RTI Act.
b) Penalty as applicable may be imposed as per section 20(1) of the RTI Act.
c) Disciplinary action may be initiated against Sh. Malik, Central Public Information Officer, Punjab & Haryana High Court, and Chandigarh as per section 20(2) of the RTI Act.
d) Sh. Sandeep Singh, Ld. Registrar (Admin cum Appellate Authority, Punjab & Haryana High Court, Chandigarh, FAA should be ordered to give me reply as per the directives of CIC & RTI Act.
e) Any other relief as deemed fit by the Commission.
Hearing
4. The appellant and the respondent both participated in the hearing through video conferencing and both the parties agreed for hearing of the cases together.
5. The appellant stated that the nature of information sought for by him in these appeal has been covered in the bunch of his appeals which have been disposed of by this Commission vide order dated 28.07.2016.
6. The appellant stated that some legal issues needs to be answered i.e. (1) once a Bar Association like Rewari has been declared a Public Authority by this Commission under the RTI Act, whether this decision would be applicable to all the Bar Associations to avoid multiple litigation (2) if one Commissioner of the Central Information Commission (CIC) has decided the issue of declaring One Bar Association as Public Authority, a bench of two Commissioners is required for deciding on applicability for all the Bar Associations. (3) Whether the High Court of Punjab and Haryana is under obligation to transfer his RTI applications, u/s 6(3) of the RTI Act, to all concerned Bar Associations. (4) the Punjab & Haryana High Court is under the jurisdiction of the Central Information Commission and the Sessions Courts and Magistrate Courts are under the jurisdiction of concerned State Information Commission. Therefore, when the High Court has clubbed his RTI Page 6 of 9 applications/appeals and RTI application has not been transferred u/s 6(3) of the RTI Act, to whom he should file appeal against the decision of the CPIO of the High Court? (5) Can the High Court of Punjab & Haryana create many Public Authorities e.g. Magistrate Courts, Sessions Courts Additional Session Courts etc. individually for frustrating main thrust of the RTI Act (6) whether a clerk or class III employee can be appointed as CPIO? (7) Whether the High Court of Punjab & Haryana can club his RTI applications and then take a plea that the sought for information is voluminous and hence denied? (8) Where the High Court of Punjab and Haryana is directed to provide the information to the appellant, whether the High Court of Punjab and Haryana is under obligation to disseminate such information on the public domain/website of the High Court under section 4 of the RTI Act to avoid further multiple litigations?
7. The appellant referred to the Section 5 of the RTI Act which provides that "Every public authority shall, within one hundred days of the enactment of this Act, designate as many officers, as Central Public Information Officers or State Public Information Officers, as the case may be, in all administrative units or offices under it as may be necessary to provide information to persons requesting for the information under this Act." The appellant stated that it is seen that class III employees have been appointed as the SPIO and the concerned presiding officer appointed as the first appellate authority in the Magistrate and the Session Courts under the Punjab and Haryana High Court. The appellant stated that as per the RTI Act an officer can be appointed as the CPIO. The appellant stated that the Rules of the Punjab and Haryana High Court needs to amended in this regard. The appellant stated that the points raised by him need to be addressed by this Commission.
8. The appellant referred to this Commission's full bench decision CIC/WB//2008/00426 dated 06.01.2009 during the hearing and went through the para 11 and 31 of the decision in support of his arguments i.e. para 11. "The term "Public Authority" as defined u/s 2(h) of the Right to Information Act, therefore, means any authority or body or institution of self Government established or constituted by or under the Constitution. The 1st Para of the Preamble to the Act also states that the Act seeks to promote transparency in the working of every Public Authority. In this context, it would also be pertinent to refer to Article 124 of the Constitution of India clause (1) of which reads as under: "Article 124:
Establishment and constitution of Supreme Court. (1) There shall be a Supreme Court of India Page 7 of 9 consisting of a Chief Justice of India and, until Parliament by law prescribes a larger number, of not more than seven other Judges."
Para 31. " The only question that remains to be decided is as to whether CPIO was justified in turning down the request of the appellant to transfer the RTI application to the concerned CPIO of the High Courts even after the First Appellate Authority remanded the case to him. In this connection, it may be mentioned that the request for transfer under Section 6(3) of the Right to Information Act has been turned down on the ground that the appellant was well aware that the information is available with the respective High Courts which are separate and distinct Public Authorities. This point has not been pressed at the time of hearing. As such, it is not necessary to decide this issue at this stage."
9. The respondent stated that questions raised by the appellant during the hearing are not related to the information sought for in the RTI applications, hence need not be replied to the appellant. The respondent stated that the appellant is seeking similar information repeatedly by filing RTI applications only having changed the station of the Court. The respondent stated that the information sought for by the appellant in these appeals has already been covered in the appeals which have been disposed of by this Commission vide order dated 28.07.2016. The respondent stated that they will comply with the aforesaid order of this Commission.
10. The respondent stated that most of the requested information does not relate to the Punjab and Haryana High Court and whatever information was available was supplied to him.
Discussion/Observations
11. On thorough perusal of the case files and hearing both the parties at length, this Commission observed that the information sought by the appellant in these appeal has already been covered in the Commission's decision dated 28.07.2016 by disposing of a bunch of appeals of the appellant. (Appeal No. CIC/VS/A/2015/002154 +--(Total 651 cases).
12. The Commission observed that the questions raised by the respondent during the hearing are not the part of information sought for by him in the instant appeals and cannot be decided at this juncture. However, the respondent is free to raise these questions by moving appropriate applications before appropriate Forum.
Page 8 of 9Decision:
13. In view of the above facts, hearing and observations, the decision of this Commission dated 28.07.2016 ((Appeal No. CIC/VS/A/2015/002154 +--(Total 651 cases) will be applicable to the instant appeals also.
The appeals are disposed of. Copy of this order be given free of cost to the parties.
(Radha Krishna Mathur) Chief Information Commissioner Authenticated true copy (Subhash Chander Sharma) Deputy Registrar Page 9 of 9 Annexure -I (as referred to in para 1 of the order) 1 CIC/VS/A/2015/002427 2 CIC/VS/A/2015/002475 3 CIC/VS/A/2015/002481 4 CIC/VS/A/2015/002601 5 CIC/VS/A/2015/002608 6 CIC/VS/A/2015/002609 7 CIC/VS/A/2015/002613 8 CIC/VS/A/2015/002731 9 CIC/VS/A/2015/002732 10 CIC/VS/A/2015/002733 11 CIC/VS/A/2015/002735 12 CIC/CC/A/2016/000221 13 CIC/CC/A/2016/000250 14 CIC/CC/A/2016/000252
15.CIC/CC/A/2016/000552