CENTRAL INFORMATION COMMISSION
Room no.415, 4th Floor, Block IV,
Old JNU Campus, New Delhi 110 066.
Tel: 91 11 26161796
Decision No. CIC/WB/A/2007/01201/SG/00038
Appeal No. CIC/WB/A/2007/01201
Relevant Facts
emerging from the Appeal
File no.: CIC/WB/A/2007/01453
Appellant : Dr. J. L. Chaudhury
Versus
Respondent : Municipal Health Officer and Public Information Officer, MCD, Delhi
Background of the case:
Applicant filed application under Right to Information Act on 28.05.2007 asking details of
the procedure/ norms and rules of the transfer and promotion of health officers of different
seniority in the Health department in MCD. Public Information Officer, vide his reply dated
27.06.2007 sent point wise reply to the applicant and also provided copies of the relevant
rules to the applicant without charging any additional fee from the applicant. Aggrieved with
the reply of the Public Information Officer− which the applicant says to be incomplete, he
filed first appeal before the Appellate Authority and Additional Commissioner (Health &
Establishment) on 03.07.2007. In his first appeal, petitioner also pointed out some
discrepancies in the promotion/ transfer of certain officers without considering the required
seniority. Appellate Authority did not hear the matter and no orders were passed by him.
Hence, he filed this second appeal before the Commission.
Commission issued notices to the party’s and heard the matter.
Relevant Facts emerging during Hearing:
During the hearing following persons were present:
Appellant: Dr. J.L.Chaudhary
Respondent: Dr. N.K. Yadav, PIO at the time of application
The appellant had sought information on 18 points. Many of them would not
constitute information as defined under the Act. Yet a fairly good attempt has been
made by the PIO to provide information.
The appellant keeps making allegations that all the information is false and
incomplete. The Commission asked him to substantiate the charge, but he says he
cannot be expected to prove his allegations. In the absence of any concrete proof
of his allegations, the Commission cannot take cognisance of his charges.
Decision:
The appeal is dismissed.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
(Shailesh Gandhi)
Information Commissioner
Date: 10 October, 2008
Decision No. CIC/WB/A/2007/0201/SG/0038
Appeal No. CIC/WB/A/2007/01201