Central Information Commission
CIC/PB/A/2008/1017/AD
Dated November 26, 2008
Name of the Appellant : Mrs.Omwati
W/o Hari Singh
C-2/48
New Ashok Nagar
Delhi 110 092
Name of Public Authority : The CPIO
Ministry of Health & Family
Welfare
Safdarjung Hospital
New Delhi 110 029
Background
1. The RTI request was filed on 5.12.07. The Appellant requested for
information related to her husband who was not allowed to join his
duty in spite of having submitted his joining report more than 50 days
earlier. The Appellant requested for information against 8 points. The
CPIO replied on 24.12.07 giving information against points a, b & c of
the RTI request and stating that with regard to information against
remaining points, as per AAO, Vigilance & Co-Ordn No.6-08/2003-Vig
dt.18.12.07 , “the Disciplinary Authority has approved for de-novo
inquiry from the stage of issue of the Charge sheet and the draft order
of appointment of inquiry officer has been put up for approval as per
rule.”
2. The Appellant filed her first appeal on 30.1.08 stating that she had
received information only against points a,b & c vide letter dt.24.12.07
and that no reply has been given against points d to h. She reiterated
her request for information against points d to h. The Appellate
Authority replied on 13.2.08 enclosing a copy of letter No.6-08/2003-
Vig dt.8.2.08 along with its enclosure letter No.6-08/2003-Vig
dt.18.12.07 received from the vigilance section. The Appellant filed
her second appeal on 23.6.08 requesting that information against
points d to h along with noting portion of relevant files be provided.
3. The Bench of Mrs. Annapurna Dixit, Information Commissioner,
scheduled the hearing for November 26, 2008.
4.. Mr.U.K.Das, PIO and Mr.S.K.Srivastava, LDC represented the Public
Authority.
5. The Appellant Mrs.Om Wati was present along with her representative
Mr. A.N.Aggarwal during the hearing.
Decision
6. The Appellant submitted that the Secretary in the Ministry directed
reinstatement of her husband after setting aside the penalty vide letter
dt.8.10.07. The Appellant’s husband submitted his joining report on
15.10.07. According to the Appellant, the hospital could not interpret
the order dt.8.10.07 correctly and, therefore, did not allow her
husband to join duty thereby causing her husband undue hardship and
mental agony. The Appellant also submitted that vide letter dt.
11.1.08, the Ministry had clarified that ‘setting aside of the penalty
and ordering for de-novo enquiry’ implies that the official may
be allowed to join on duty immediately on issue of the order
and submission of the joining report before conducting de-novo
enquiry; otherwise it would amount to violation of the direction
of the Revisionary Authority. Therefore Shri Hari Singh, OT
Attendant (Appellant’s husband) SJ Hospital be allowed to join
from the date of submission of his joining report i.e.15.10.07′.
The Appellant’s husband still was not allowed to start work until 7.2.08
although he had joined officially on 15.10.07. He was , however, paid
for the 3 months he was not allowed to join duty. The Appellant
submitted that this was gross misuse of public money and that it did
not in any way compensate the harassment that her husband
underwent. The Appellant also submitted that she was provided with
the notings from the file only after receiving the hearing notice from
the Commission. The Appellant further stated that had the notings
been received well in time, she would have filed a case in the court
against the Public Authority . She also drew the attention of the
Commission to the noting made by AAO on 10.1.08 which clearly
stated ‘As per the orders of Addl. D.G & Principal & M.S, Shri
Hari Singh, OT Asst(who was dispensed from his service on
14.12.05) has been allowed to resume his duty in the FN of
10.1.08. He is therefore directed to report to HoD
(Anaesthesia) for resumption of charge of his duty in the
Department’ and which in no uncertain terms directs the hospital to
reinstate the Appellant’s husband. The Appellant stated that noting
was kept hidden from her for a long time.
7. The Commission holds that the hospital has been callous and
insensitive in dealing with the Appellant’s case and had put the
Appellant through undue stress and mental harassment by not taking
note of the directives given by the Secretary and by the AAO. The
Commission directs the Public Authority to pay Rs.1000/- as
compensation to the Appellant for the mental agony she and her
husband had to undergo and for the expenses incurred by the her
on traveling to the Commission .
8. The compensation to be provided within 15 days of receipt of this
Order.
9. The appeal is disposed off.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(K.G.Nair)
Designated Officer
Cc:
1. Mrs.Omwati
W/o Hari Singh
C-2/48
New Ashok Nagar
Delhi 110 092
2. The CPIO
Ministry of Health & Family Welfare
Safdarjung Hospital
New Delhi 110 029
3. The Appellate Authority – RTI
Ministry of Health & Family Welfare
Safdarjung Hospital
New Delhi 110 029
4. Officer incharge, NIC
5. Press E Group, CIC