Central Information Commission
CIC/AD/A/2009/000740
Dated August 11, 2009
Name of the Applicant : Dr.(Mrs.) Asha Akash Narde
Name of the Public Authority : M/o Health & Family Welfare
Background
1. The Applicant filed an RTI application dt.13.3.09 with the CPIO, M/o
Health & Family Welfare. She requested for information against 3
points with respect to Rules/Regulations/Provisions/Guidelines and
safeguards for detailing a women employee of Central Health Services
during night hours for Govt. duty. The CPIO replied on 1.4.09 stating
that since this is an administrative matter related to hospitals, a copy
of the application is being transferred to CPIO, Hospital Division and
CPIOs of Dr.RML Hospital and Safdarjung Hospital for furnishing the
requisite information. Not satisfied with the reply, the Applicant filed
an appeal dt.20.4.09 with the Appellate Authority stating that her
application was received by CPIO on 17.3.09 whereas he transferred it
to other public authorities on 1.4.09 i.e after 15 days thus violating
Section 6(3) & 7(1) of the RTI Act. She also prayed for imposition of
penalty on the CPIO. The Appellate Authority replied on 12.5.09
stating that application received by CPIO goes through different
channels before a final reply is sent. He added that application has
been processed by the concerned officers within reasonable time.
With respect to imposition of penalty, he stated that CIC is the
competent authority to do so. The Applicant filed a second appeal
dt.22.5.09 before CIC asking for imposition.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner,
scheduled the hearing for August 11, 2009.
3. Mr.K.S.Palachandran, Dy. Secretary, Mr.Pawan Kumar, US and
Mr.Rohit Tewari, Asst. represented the Public Authority.
4. The Applicant was not present during the hearing.
Decision
5. The CPIO stated that he is not the custodian of the information and
that he had transferred the RTI application to the concerned CPIOs of
3 different units on 1.4.09 requesting them to provide the information
directly to the Appellant. With regard to the Appellant’s prayer in her
appeal for imposition of penalty on the CPIO u/s 20(1) for not
transferring the RTI application within the stipulated period, the CPIO
stated that the delay is due to the time taken to first review the
request to see whether the information sought pertains to his unit
and then to identify the other units from where the information would
be available. The present request was accordingly reviewed and then
transferred for information to 3 units including to CPIO, Hospital
Division and CPIOs of Dr.RML Hospital and Safdarjung Hospital.
6. In the light of the submission made by the Respondent, the
Commission condones the delay in transferring the request and
accordingly rejects the appeal.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G. Subramanian)
Asst. Registrar
Cc:
1. Dr.(Mrs.) Asha Akash Narde
Qtr No.10, Type IV, CRPF Camp
Hingna Road
Nagpur 440 019
2. Shri K.S.Palachandran
The CPIO & Dy. Secretary
Ministry of Health & Family welfare
Nirman Bhavan
New Delhi
3. Shri Vineet Chawdhry
The Appellate Authority &
Joint Secretary
Ministry of Health & Family welfare
Nirman Bhavan
New Delhi
4. Officer incharge, NIC
5. Press E Group, CIC