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STATE INFORMATION COMMISSION, HARYANA

SCO 114-115, SECTOR 8-C, CHANDIGARH


SHOW CAUSE NOTICE NO. 476 OF 2017
IN APPEAL CASE NO. 1978 OF 2017
RIGHT TO INFORMATION ACT-UNDER SECTION 20(1)

Relevant facts emerging from the appeal:


Name of the appellant Shri Govind Singla, EX MC r/o Ward No. 10,
Garhi Mohali, Hansi, Distt. Hisar.
Mobile No. 98122-09933
Name of the Respondent SPIO-cum-Executive Officer, Municipal
Council, Hansi.
RTI application filed on 2.11.2016
2nd appeal decided on 11.4.2017
Show cause notice issued on 27.4.2017
Reply to the S.C.N --
Date of hearing 7.7.2017 at 11.15 AM.
Remarks
State Information Shri Prahlad Rai Meena, IPS (Retd.)
Commissioner

State Information Commissioner Prahlad Rai Meena, IPS (Retd.)


Gist of earlier order:-
This matter has arisen in pursuance of the earlier orders passed by the
Commission in this case on 11.4.2017 vide which SPIO-cum-Executive Officer,
Municipal Council, Hansi was directed to furnish information free of cost to the
appellant within two weeks or latest by 25.4.2017 positively and send compliance
report to the Commission. A Show Cause Notice was also issued on 27.4.2017 under
Section 20(1) of the RTI Act to SPIO-cum-Executive Officer, Municipal Council, Hansi
asking him to explain reasons of delay and other lapses in furnishing information
and be personally present during the hearing on 17.6.2017 and further postponed to
29.6.2017 and further postponed to 7.7.2017.

Relevant facts emerging during hearing:-


The following were present:-
Appellant:- Present
Respondent:- None is present.

Observations:- Appellant present and stated that he was appeared before the
Commission on 11.4.2017 headed by Shri S.R.Gaur and SPIO-cum-Executive Officer,
Municipal Council, Hansi was directed to furnish information free of cost to the
appellant within two weeks or latest by 25.4.2017 positively and send compliance
report to the Commission vide orders dated 11.4.2017. He further stated that in
compliance of the Commission’s orders, no information has been provided by the

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IN AC NO. 1978 OF 2017
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SPIO and prayed that penal action as proposed should be taken against the SPIO,
hence SPIO has not complied with the orders of the Commission. SPIO-cum-
Executive Officer, Municipal Council, Hansi is not present. This act of SPIO is
frowned upon by the Commission and he is warned to either remain present himself
or depute a responsible officer of equal rank to represent public authority, in writing.

INTERIM ORDERS
On careful perusal of the case file and after hearing averments of the
appellant, Commission contacted the present SPIO-cum-Executive Officer, Municipal
Council, Hansi-Shri Jitender Singh on his given mobile No. 94166-27004, who
informed the Commission that he has joined in the month of June, 2017 and prior to
him Shri Aman Dhanda was looking after the job of SPIO-cum-Executive Officer,
Municipal Council, Hansi and he further assured the Commission that he will provide
information to the appellant within three days. Commission has perused the file and
noted that show cause notice was issued to Shri Aman Dhanda the then SPIO-cum-
Executive Officer, Municipal Council, Hansi, who is presently posted as SPIO-cum-
Executive Officer, Municipal Council, Fatehabad. Commission further noted that
present SPIO-cum-Executive Officer, Municipal Council, Hansi-Shri Jitender Singh
was informed by the staff of the Commission-Shri Suraj Bhan, PA for hearing on
7.7.2017 and no information was conveyed to Shri Aman Dhanda the then SPIO-
cum-Executive Officer, Municipal Council, Hansi. Commission further noted that
letter dated 3.7.2017 was conveyed to the SPIO and the SPIO might have not been
received the letter dated 3.7.2017. It would be appropriate to give fair opportunity
to Shri Aman Dhanda the then SPIO-cum-Executive Officer, Municipal Council, Hansi
to defend the show cause notice issued to him. In view of the facts stated
hereinabove, the following interim orders are passed.

(i) Present SPIO-cum-Executive Officer, Municipal Council, Hansi-Shri Jitender Singh


is directed to provide complete information to the appellant as per his RTI
application within 3 days from the receipt of this orders and shall send compliance
by 31.7.2017.
(ii) Last and final opportunity is given to Shri Aman Dhanda the then SPIO-cum-
Executive Officer, Municipal Council, Hansi ( presently posted as SPIO-cum-
Executive Officer, Municipal Council, Fatehabad) to be heard on 21-8-2017 at
11.40 A.M. No further adjournment will be given and in case SPIO fails to attend
the proceedings of the Commission, ex-parte decision will be taken based on the
record on merits.

Announced. To be communicated.

Sd/-
Place: Chandigarh (Prahlad Rai Meena) IPS (Retd.)
Dated: 7.7.2017 State Information Commissioner,

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IN AC NO. 1978 OF 2017
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Haryana

SCN NO. 476 OF 2017


IN AC NO. 1978 OF 2017
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