Central Information Commission Judgements

Mr. P. Veerappan vs Directorate Of Health & Family … on 24 November, 2008

Central Information Commission
Mr. P. Veerappan vs Directorate Of Health & Family … on 24 November, 2008
          CENTRAL INFORMATION COMMISSION
                                                                  Appeal No.3091/ICPB/2008
                                                                     F. No. PBA/2008/00370
                                                                         November 24, 2008

             In the matter of Right to Information Act, 2005 - Section 19
                     [Hearing on 07.11.2008 through Video Conferencing between
                                    New Delhi-Puducherry-Yanam]


Appellant:          Mr. P. Veerappan

Public authority:   Directorate of Health & Family Services
                    Mr. Dilip Kumar Baliga, Director & PIO

Parties Present:    For Respondent:
                    Dr. Dilipkumar Baliga, Director (Health)-cum-PIO

                    For Appellant:
                    Mr. P.Veerappan, Appellant
FACTS

:

The appellant has sought information under RTI Act by his letter dated
14.7.2007 addressed to PIO/Joint Secretary to Govt. (ARW), Chief Secretariat,
Pondicherry requesting various information regarding supply of updated Directory
of officers and employees of Health & Family Welfare Services Department as on
30.6.2007. Apart from this appellant has also asked various details like monthly
remuneration of each officers and employees of the Department, list of
specialists and Medical Officers, list of doctors. The Jt. Secy. (ARW) by his letter
dated 19.7.2007 has forwarded this application to the Director, Department of
Health & Family Welfare under section 6(3). The Director (Health)-cum-PIO by
his letter dated 14.8.2007 has given her point-wise reply to the appellant. Not
satisfied with this reply the appellant preferred his appeal before the first AA on
27.8.2007. The Secretary (Health)-cum-First AA has given his order dated
19.10.2007 after giving opportunity of being heard to both the parties. He has
directed the PIO to furnish the details of all employees within 15 days and for rest
of the information he has upheld the decision of the PIO. The PIO by his letter
dated 12.11.2007 has given further information. Aggrieved, the appellant has
preferred his second appeal before the Commission on 23.11.2007. Comments
were called for from the public authority on 10.05.2008, which has been received
from the Director (Health) vide letter dated 2.6.2008. The appellant has
submitted his rejoinder on 5.2.2008. This case was taken up for hearing on
7.11.2008 through Video Conferencing, which was attended by the appellant
from Yanam and Dr. Dilipkumar Baliga, Director (Health)-cum-PIO from
Puducherry.

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DECISION:

2. I have gone through the RTI application and other replies received in the
matter. The matter was also deliberated in detail during the hearing. During the
hearing the appellant has stated that he wanted to have the directory of staff and
salary etc. and he stated that he is yet to be given the remuneration details of the
staff. The PIO has explained that they have given a list of officers with their
telephone nos. with which the appellant was satisfied and when he went on
appeal, the Secretary has ordered the PIO to provide the residential addresses of
the employees also. Since the information was not readily available, the PIO
stated that they have to ask each and every employee to fill-up a form and after
compilation the information was given to him. Hence, there was some delay. It
has been pointed out to the PIO that personal information like the personal
contact no. and residential address need not be given which is well protected
under the Act, which he may keep in mind for future appeals. The AA has also
been informed that he has unnecessarily given direction to the PIO to provide the
address particulars of the government officials. He should have restricted
himself by providing the official telephone nos. and official address of the
personnel concerned. Moreover, the appellant is not entitled to know the actual
amount of salary paid to the salaries, but he is entitled to know the salary
entitlements of the officials. The appellant is otherwise entitled to know the
general information like total no. of Department, total no. of surgeons etc. The
PIO has been directed to maintain the section 4 disclosures up-to-date, which will
be useful for the Department as well as the citizens also. In view of the above
circumstances and in view of the fact that most of the information that are as per
the entitlement of the appellant has been given to the appellant and the delay in
furnishing the information is also condoned by me as it has been explained to my
satisfaction, Therefore, I dismiss this appeal.

Let a copy of this decision be sent to the appellant and PIO.

Sd/-

(Padma Balasubramanian)
Central Information Commissioner
Authenticated true copy :

(Prem Singh Sagar)
Under Secretary & Assistant Registrar

Address of parties :

1. Mr. Dilip Kumar Baliga, Director & PIO, Directorate of Health & Family
Welfare Service, Puducherry.

2. Mr. T.M. Balakrishanan, Appellate Authority, O/o Secretary to Govt.

(Health), Puducherry.

3. Mr. P. Veerappan, No. 6, 132/11, K.V. Sub Station Qrs., Mettacur, Yanam-

533464.
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