CENTRAL INFORMATION COMMISSION
Appeal No CIC/WB/A/2007/00659 dated 15.05.2007
Right to Information Act 2005-Section 19
Appellant: Shri M.L. Bhatia
Respondent: Municipal Corporation of Delhi (MCD) Health
Decision
The Commission has received an appeal from Shri M.L. Bhatia of Yamuna
Vihar, Delhi, praying as follows:
1. “The Ld. PIO Smt. Madhu Jain, Dir-Hosp-Admn…..be
directed to supply the information sought by this
appellant on 8.2.07 and also concerned PIO be asked to
pay Rs.250.00 per day till the information is actually
supplied to this appellant”
2. AND the Commission may also be pleased to pass such
orders & other relief which it may think appropriate
taking into account the circumstances of the case and
age of this appellant who is undergoing traumatic
conditions in the pursuit of his right and his social
duty.”
Because the 1st appellate authority has not addressed the questions of
appellant, which are of direct concern to his public authority, the Commission
has decided to remand this appeal to Additional Commissioner (Health),
Municipal Corporation of Delhi, Complex Ambedkar Stadium, Delhi Gate, Delhi to
dispose of the appeal of Shri M.L. Bhatia within ten working days from the
date of receipt of this decision, under intimation to Shri Pankaj Shreyaskar, Jt
Registrar, Central Information Commission.
We also find from a perusal of the record that the application was made on
4.02.’07 but a response has gone from CPIO Ms Madhu Jain, Director (Hospital
Admn.) only on 14.03.’07, i.e. overdue by ten days of the time limit mandated by
Sec 7 sub-section (1). Therefore, the 1st Appellate Authority will satisfy himself on
the reasons for this and, if required, approach this Commission for initiation of
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proceedings under section 20 of the RTI Act for imposition of penalty and/or
recommending appropriate disciplinary action against the CPIO.
If not satisfied with the information provided on his 1st appeal, complainant
Shri M.L. Bhatia will be free to move a 2nd appeal before us as per Sec 19 (3).
Announced in open chamber on 31.7.’08. Notice of this decision be given
free of cost to the parties.
(Wajahat Habibullah)
Chief Information Commissioner)
31.07.’08
Authenticated true copy. Additional copies of orders shall be supplied against
application and payment of the charges prescribed under the Act to the CPIO of
this Commission.
(PK Shreyaskar)
Jt. Registrar
31.07.2008
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