Central Information Commission
CIC/AD/A/2010/000739
Dated June 24, 2010
Name of the Applicants : Ms.Meenu Gupta
Name of the Public Authority : CCIM, New Delhi
Background
1. The Applicant filed an RTI application dt.4.11.09 with the PIO, M/o Health and Family Welfare
requesting for the following information:
i) Whether a person can be registered as per P.N.D.T Act who had completed B.A.M.S and
Post graduate qualification in ultrasonography or imaging techniques or radiology
ii) If the answer to the above is ‘no’ for what reasons.
Shri Raj Singh, Under Secretary transferred the RTI application to Shri T.S.Bhatia, CPIO, Department
of AYUSH on 11.11.09 who in turn transferred the same to the CPIO, CCIM on 18.11.09. On not
receiving any reply, she filed an appeal dt.30.12.09 with the Appellate Authority, Ministry of Health
and Family Welfare reiterating her request for the information. Shri Sube Singh, PIO, CCIM replied on
5.1.10 informing the Applicant that the rights and privileges of practitioners are protected under
Section 17 of the IMCC Act, 1970. He also requested the Applicant to visit the website of the Public
Authority to get the desired information. Shri T.S.Bhatia, CPIO transferred the appeal (received on
11.1.10) to the Appellate Authority, CCIM on 13.1.10. Shri P.R.Sharma, Appellate Authority replied on
12.2.10 stating that the Central Council of Indian Medicine has been constituted by the Govt. of India
vide Indian Medicine Central Council Act, 1970. Being aggrieved with the reply, the Applicant filed a
second appeal dt.17.3.10. before CIC.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for June 24,
2010.
3. Shri Sube Singh, PIO represented the Public Authority.
4. The Applicant was not present during the hearing.
Decision
5. During the hearing, Shri Sube Singh, Respondent PIO submitted that CCIM has nothing to do with
P.N.D.T Act and hence is unable to comment on the information sought by the Applicant. He further
added that in response to the second appeal, information was furnished by the Appellate Authority on
8.4.10 informing the Appellant that notification regarding use of modern medicine and modern
techniques under the IMCC Act, 1970 has been struck down by the Kerala High Court in its decision
dt.12.12.06 which was upheld by the Supreme Court in its decision dt.23.7.07.
6. The Commission after hearing the submissions of the Respondents while holding that complete
information has been provided directs the PIO, Shri Sube Singh to show cause as to why a penalty of
Rs.250/ per day (Maximum Rs.25000) should not be levied on him for not responding to the RTI
application within the stipulated time period as prescribed under the Act. He is directed to submit his
written response so as to reach the Commission by 24.7.10.
7. The appeal is accordingly disposed of.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Deputy Registrar
Cc:
1. Ms.Meenu Gupta
D/o Shri B.P.Gupta
C/o Shri ravindra Jaiswal
C 9/294 Habibpura
Chetganj
Varanasi
2. The PIO
Central Council of Indian Medicine
6165 Institutional area
Janakpuri
New Delhi
3. The Appellate Authority
Central Council of Indian Medicine
6165 Institutional area
Janakpuri
New Delhi
4. Officer incharge, NIC
5. Press E Group, CIC