Central Information Commission
CIC/AD/A/2010/000314
Dated April 28, 2010
Name of the Applicant : Shri Bihari lal Thaviet
Name of the Public Authority : M/o Health & Family Welfare
Background
1. The Applicant filed his RTI application dt.4.8.09 with the CPIO, M/o Health and Family
Welfare requesting for information on the action taken on his letter dt.29.7.09 addressed
to the Hon’ble Union Minister, Shri Gulam Nabi Azad complaining against the Medical
Council of India. Shri Raj Singh, Under Secretary replied on 24.8.09 stating that the
Applicant had not enclosed the letter dt.29.7.09 along with the RTI application and
requested him to also enclose the copy of BPL certificate. Not satisfied with the reply, the
Applicant filed an appeal dt.6.11.09 with the Appellate Authority stating that he is disabled
and is living below the poverty line and that information should be given free of cost. On
not receiving any reply, he filed a second appeal dt.4.1.10 before CIC.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing on
April 28, 2010.
3. Ms.Anita Tripathi, PIO and Shri Amit Srivastava, S.O represented the Public Authority.
4. The Applicant was heard through audio conferencing.
Decision
5. The Respondents submitted that the RTI application was not received by them and that
the first appeal had also got mixed up with other files and could not be responded to. He added
that when the notice for hearing was received, the appeal was traced and put up to the CPIO
along with the RTI application which was sent along with the first appeal. The Respondent further
stated that the CPIO had immediately sought the comments of MCI and that the PIO had
received the comments only on the day of hearing. The Appellant was informed about this
development and was assured that after receiving the approval of the Appellate Authority, the
information would be furnished to him within 10 days of the date of hearing. The Appellant was
satisfied with the reply.
6. The appeal is decided accordingly.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Deputy. Registrar
Cc:
1. Shri Bihari lal Thaviet
Mohalla & Post Kotmi Sunaar
District Jangir
Champa
Chattisgarh
2. The PIO
M/o Health & Family Welfare
D/o Health & Family Welfare
Nirman Bhavan
New Delhi
3. The Appellate Authority
M/o Health & Family Welfare
D/o Health & Family Welfare
Nirman Bhavan
New Delhi
4. Officer incharge, NIC
5. Press E Group, CIC