Central Information Commission
CIC/AD/A/2009/001418
Dated November 10, 2009
Name of the Applicant : Shri Mohan Lal
Name of the Public Authority : DGHS
Background
1. The Applicant filed an RTI application dt21.3.09 with the CPIO, DGHS
requesting for certified copies of official documents / information including
copies of CVC’s first stage advice, copies of comments, enquiry report etc.
The PIO replied on 24.4.09 providing information against pt.3 stating that the
complaint of Shri Bhupinder Kumar Sharma has been referred to Director, CRI
for appropriate action as Director, CRI is his appointing and disciplinary
authority. He also enclosed a copy of the letter dt.16.3.09 addressed to
Director, CRI. He further transferred the RTI application to US(Vig.), M/o
Health & Family Welfare requesting him to provide information against points
1,2,4,5 and 6 directly to the Applicant. The Applicant filed an appeal
dt.21.4.09 with the Appellate Authority stating that he has not received any
information till date. The Appellate Authority replied on 12.5.09 stating that
information against point 3 has been provided on 24.4.09 and Vigilance
Section of the MoH&FW has been advised to provide the information for the
remaining points. Not satisfied with this reply, the Applicant filed a second
appeal dt.31.8.09 before CIC stating that instead of taking appropriate action
by the EPI section against Mr.Bhupinder Kumar Sharma, the case has been
referred to Director, CRI, Kasauli in an evasive manner and that too after the
complaint in question had been dealt with, examined and investigated in the
EPI Section of DGHS for a period of three years and three months.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the
hearing for November 10, 2009.
3. Shri S.Chakravarthy, CPIO, CRI, Kasauli and Shri Anil Kumar representing
the Appellate Authority, CRI, Kasauli were present at the hearing on behalf of
the Public Authority.
4. The Applicant was present during the hearing.
Decision
5. The Respondent from CRI submitted that information against points 2 and 3
of the RTI request has already been provided to the Appellant by them on
31.7.09 in response to another RTI request dt.22.6.09 and that the enquiry
report sought by the Appellant has also been furnished to him. The
Commission also noted that DGHS has already provided information against
point 3 and that the remaining information has yet to be provided by
US(Vig).
6. Since the Appellant does not remember having received the letter
dt.31.7.09 along with enclosures, including the enquiry report, sent by CRI,
the Commission directs the CPIO, CRI to provide the information once again
to the Appellant by 10.12.09.
7. The Commission also directs the Under Secretary (Vig), Ministry of Health &
Family Welfare to provide the required information by 15.12.09 and to show
cause as to why a penalty of Rs.250/- per day (Maximum Rs.25000) should
not be imposed on him for not responding to the RTI application with regard
to points 1, 2, 4, 5 and 6, within the stipulated time prescribed in the Act.
The Under Secretary (Vig) is directed to provide his explanation in person on
16.12.09 at 11.00 am. The Appellant to provide a compliance report to the
Commission on receipt of the information.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Asst. Registrar
Cc:
1. Shri Mohan Lal
Labeller
Labelling Section
Central Research Institute
P.O. Kasauli
Solan 173 204
2. The CPIO
Central Research Institute
P.O. Kasauli
Solan 173 204
3. The Appellate Authority
Central Research Institute
P.O. Kasauli
Solan 173 204
4. The CPIO
O/o DD(A), EPI Section
Directorate General of Health Services
Nirman Bhawan
New Delhi
5. The Appellate Authority
O/o DDG, EPI Section
Directorate General of Health Services
Nirman Bhawan
New Delhi
6. The Under Secretary (Vigilance)
Ministry of Health & Family Welfare
Nirman Bhawan
New Delhi
7. Officer in charge, NIC
8. Press E Group, CIC