Central Information Commission
Kuldeep Singh Khaira vs Ministry Of Culture on 19 September, 2018
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग
, मुिनरका
Baba Gangnath Marg, Munirka
नई द
ली, New Delhi - 110067
िशकायत सं या / Complaint Nos. CIC/SM/C/2011/001235;
CIC/SM/C/2011/001236;
CIC/SM/C/2011/001237
Sh. Kuldeep Singh Khaira,
Sh. Sandeep Kumar Gupta, ....िशकायतकता
/Complainants
VERSUS
बनाम
Central Public Information Officer
Secy.,
O/o. Shiromani Gurudwara Prabandhak Committee,
Tej Singh,
Samundari Hall,
Amritsar-143044 ... ितवादी/Respondent
Date of Hearing: 17.09.2018
Date of Decision: 17.09.2018
ORDER
Facts:
1. The complainant Sh. Kuldeep Singh Khaira filed RTI application dated 27.04.2011 seeking information regarding Shiromani Gurudwara Prabandhak Committee. The complainant Dr. Sandeep Kumar Gupta filed RTI application dated 21.05.2011 seeking details of trust affairs of Sri Guru Ramdas Charitable Hospital Trust, Amritsar. He also filed another RTI application dated 26.05.2011 seeking information regarding the students admitted to medical and dental colleges run by SGPC.
2. The Commission vide its order dated 13.06.2013 had observed that Dr. Sandeep Kumar Gupta had filed an appeal in the State Information Commission, Punjab against the CPIO, Guru Ramdas Charitable Hospital 1 Trust created by SGPC. The State Information Commission, Punjab by their order dated 17.05.2012 decided that Sri Guru Ramdas Charitable Hospital Trust was a Public Authority and had directed the CPIO of the trust to furnish the requested information to the appellant. The trust filed a Civil Writ Petition No. 11490/2012 against the said order of the State Information Commission which had been stayed by the Hon'ble High Court of Punjab & Haryana vide their order dated 09.07.2012. It was also noted that SGPC has also filed a Civil Writ Petition No. 4082/2010 on the same subject which was pending in the Hon'ble Punjab & Haryana High Court.
3. In view of above position, the Commission observed that since the matter is subjudice it is no longer possible for the Commission to direct the CPIO, SGPC to disclose any information.
4. Sh. Kuldeep Singh Khaira filed a Writ Petition before the Hon'ble High Court of Punjab & Haryana, challenging the order of the Commission dated 13.06.2013. The Hon'ble Punjab & Haryana High Court disposed off the Writ Petition on 06.07.2018 wherein the order of the Commission dated 13.06.2013 has been set aside and the parties have been directed to appear before the Chief Information Commissioner. Thereafter, the Chief Information Commissioner shall proceed in the matter in accordance with law.
Hearing:
5. On query from the Commission, the respondent stated that the Shiromani Gurudwara Prabandhak Committee is covered under the Central Act.
CIC/SM/C/2011/001235:
CIC/SM/C/2011/001237:
(titled as Sh. Sandeep Kumar Gupta Vs. Central Public Information Officer, Shiromani Gurudwara Prabandhak Committee)
6. The respondent, Sh. Simarjit Singh, PIO along with Sh. Kuldeep Singh were personally present in the hearing. The complainant was absent.
7. The respondent had placed on record their written submission dated nil.
8. The respondent stated that both the cases are related to Shri Guru Ram Dass Charitable Hospital and the said hospital has filed a CWP No. 2 11490/2012 before Hon'ble Punjab & Haryana High Court, Chandigarh. He stated that it is clubbed with CWP No. 4082/2010 and the Hon'ble Court vide order dated 06.07.2018 had reserved the judgment in the above mentioned writ petition after hearing the arguments from both the parties.
CIC/SM/C/2011/001236:
(titled as Sh. Kuldeep Singh Khaira Vs. Central Public Information Officer, Shiromani Gurudwara Prabandhak Committee)
9. The complainant participated in the hearing through VC. The respondent, Sh. Simarjit Singh, PIO along with Sh. Kuldeep Singh were personally present in the hearing.
10. The respondent had placed on record their written submission dated 12.09.2018.
11. The complainant referred to his RTI application dated 27.04.2011 and stated that till date no information has been provided to him by the respondent.
12. The complainant stated that the respondent has not fully complied with the Commission's direction dated 06.09.2012.
13. The respondent stated that they have fully complied with the Commission's directions. He stated that on 01.10.2012, complete information was provided to the complainant.
14. The complainant stated that after receiving the letter dated 01.10.2012 of the respondent, on 27.10.2012, he has submitted the deficiencies to the respondent on the reply given by them. He stated that till date no reply was given on his deficiency letter dated 27.10.2012.
15. The complainant stated that the respondent being a Public Authority has not complied with Section 4 of the RTI Act.
16. The respondent stated that they have partially complied with Section 4 of the RTI Act and further compliance is under process, as they have to collect information from various Gurudwaras.
Discussion/ observation:
CIC/SM/C/2011/001235:
CIC/SM/C/2011/001237:3
CIC/SM/C/2011/001236:
17. During the hearing, the respondent stated that Shiromani Gurudwara Prabandhak Committee is covered under the Central Act. On verification, it is found that Shiromani Gurudwara Prabandhak Committee is formed as per the provisions of the Sikh Gurdwaras Act, 1925 which is a Punjab Act VIII of 1925. Therefore, Shiromani Gurudwara Prabandhak Committee will fall under the jurisdiction of the State Information Commission, Punjab.
18. The Hon'ble High Court of Punjab & Haryana vide their order dated 06.07.2018 directed the parties concern to appear before the Chief Information Commissioner. Accordingly, the hearing was held at Central Information Commission at New Delhi on 17.09.2018. However, in supersession of earlier CIC order dated 13.06.2013 and as per the directions of the Hon'ble High Court of Punjab & Haryana, the matter is to be heard by the Chief Information Commissioner, State Information Commission, Punjab.
Decision:
CIC/SM/C/2011/001235:
CIC/SM/C/2011/001237:
CIC/SM/C/2011/001236:
19. The Deputy Registrar is directed to send complete files related to above mentioned cases to the Chief Information Commissioner, State Information Commission, Punjab along with this order.
The complaints are disposed of. Copy of the decision be given free of cost to the parties.
Radha Krishna Mathur ( राधा कृ ण माथुर ) Chief Information Commissioner ( मु य सूचना आयु ) Authenticated true copy (अिभ मािणत स यािपत ित) 4 S.C. Sharma Dy. Registrar 011-26186535 एस. सी. शमा , उप-पंजीयक Copy to:
Chief Information Commissioner State Information Commission, Punjab Red Cross Building, Near Rose Garden, Sector 16, Chandigarh, 160015 5