C.W.P NO. 5473 OF 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P NO. 5473 OF 2009 DECIDED ON : 02.04.2009 State of Punjab ...Petitioner versus Kul Shashi Parkash and another ...Respondents CORAM : HON'BLE MR. JUSTICE SURYA KANT Present : Mr. Palwinder Singh, Senior DAG, Punjab. SURYA KANT, J. (ORAL) This writ petition is directed against the orders dated 31.03.2008 and 22.10.2008 (Annexures P-1 and P-2) passed by the State Information Commission, Punjab. Vide the first order, the respondent-complainant has been awarded compensation of Rs.10,000/-. As the authorities failed to pay the said amount, the second order merely directs them to pay the compensation within one week, failing which, suitable disciplinary action is required to be taken against the defaulting Tehsildar. The respondent-applicant applied for some information under the Right to Information Act pertaining to possessory rights over a disputed plot. There was a demarcation report dated 09.10.2007 of the Circle Kanungo and Circle Patwari, which was neither supplied to the respondent-complainant nor was there a C.W.P NO. 5473 OF 2009 -2- plea of its non-availability. It was in this back drop that the learned State Information Commissioner passed the impugned order dated 31.03.2008 in the following terms : “ I, however, find that the Respondent did not give any information to the complainant regarding the non-availability of the demarcation report on the record of the Public Authority. The correct position has emerged only during the course of proceedings before the Commission. The complainant has been unnecessarily put to a lot of avoidable discomfort and monetary detriment. He has had to attend proceedings more than once before the Commission. In the facts and circumstances of this case. I feel that ends of justice would be met if compensation of Rs.10,000 (Rs. Ten Thousand) is awarded to the complainant under Section 19 (8) (b). It is clarified that the amount of compensationis to be paid by the Public Authority and not the PIO. The amount of compensation be paid within one week. Adjourned to 05.05.2008 for confirmation of compliance”. Since the authorities failed to comply with the afore- stated order, the learned Commissioner vide a subsequent order C.W.P NO. 5473 OF 2009 -3- dated 22.10.2008 has directed the Chief Secretary, Government of Punjab and the Deputy Commissioner, Patiala to ensure payment of the compensation amount, failing which, suitable disciplinary action be taken against the defaulting Tehsildar. I have heard learned State counsel and perused the impugned order. In my considered view, no interference by this Court against awarding of compensation of Rs.10,000/- is called for. The Commission was fully justified in invoking its power under Section 19 (8) of the Act as there existed valid grounds to award the compensation. However, having regard to the fact that the authorities in the State Government have decided to challenge the orders passed by the State Commission, it is directed that in case the compensation amount is paid within a period of one month from today, no disciplinary action shall be taken against the defaulting official, as directed by the Commission vide the second impugned order. Disposed of. Let a copy of this order be given dasti on payment of usual charges. APRIL 02, 2009 (SURYA KANT) shalini JUDGE