Central Information Commission
CIC/AD/A/X/2009/042
Dated January 27, 2009
Name of the Appellant : Mr. Ramesh Kumar
Qtr. No. 93, Sector-2, Type 3
Sadiq Nagar,
New Delhi - 110 049
Name of Public Authority : Ministry of Health & Family Welfare
Background
1. The RTI request was filed on 23.09.08. The Appellant requested for the
following information:
i. Sanctioned strength of UDC of Health Cadre before and after restructuring
of CSS cadre and working strength as on date;
ii. Sanctioned strength of Assistant of Health Cadre before and after
restructuring of CSS cadre and working strength as on date;
iii. Copy of reservation roaster maintained by Ministry in respect of UDC cadre
and relevant data for the year 1998;
iv. Copy of OM No. 7/1/2005-C.S.II dated 26.7.2005;
v. Copy of the context/communications from the Ministry of Health on the
basis of which the letter mentioned above was issued;
vi. Vacancies of UDC and Asstt. arose in the Health cadre on long term basis
for SL 1998 to 2005.
The appellant further sought for inspection of noting portions of some specific
files.
2. PIO’s Order
The PIO replied on 23.10.08 stating that the information as sought by the
Appellant had already been subject matter of case being OA No. 1407/2007 in
the Hon’ble CAT and speaking order dated 18.09.08 passed therein was
endorsed and sent once again to the Appellant. The CPIO declined to open the
settled/decided matter once again but granted the Appellant the option of
perusing the said files with prior appointment of the Under Secretary
[Admn.].
3. Grounds for first appeal
The appellant preferred appeal before the First Appellate Authority on
27.10.2008 on the plea that the information sought was in custody and
possession of the Ministry and since the same was not exempt under
provisions of law from being furnished, hence the appellant was entitled to
the said information. The Appellant filed yet another appeal on 29.10.2008
giving detailed grounds stating that he was not in agreement nor satisfied
with the CPIO’s response. The appellant further emphasized that the
information sought and the issues decided in the OA No. 1407/2007 in the
Hon’ble CAT by speaking order dated 18.09.08 were on distinctly different
issues. The information sought being neither barred under the RTI Act 2005
nor in violation of any provision of the Act appellant in the exercise of his
rights as a citizen of the country has sought the information from the
Ministry.
4. The First Appellate Authority in his order dated 21.11.2008 concurred with
the CPIO’s order dated 23.10.2008 in as much as that the appellant had
neither preferred an appeal against the speaking order of the CAT nor had he
sought any opportunity of personal hearing which were provided to him.
5. The Appellant, being aggrieved due to non receipt/denial of information by
the Respondents, approached the Commission vide his Appeal dated
28.11.2008 reiterating his request of being furnished the information as
sought by him in his RTI application dated 23.09.08.
6. The Commission sought the response of the Respondent/s vide the
communication dated 15.01.09. No response from the Respondent/s has been
received so far.
7. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the
hearing for January 27, 2009.
8. Mr.Arun Baroka, Director and Mr. Arvind Kumar, US represented the Public
Authority.
9. The Appellant was not present at the hearing.
Decision
10. The Respondents submitted that the Appellant has already inspected the
Reservation Roster(Point 3). As regards point 1, 2,4 & 5 the Commission
directs the CPIO to provided the information. Against point 6, the Respondent
submitted that files from 1998 to 2002 have been weeded out so information
only for the period 2003-05 can be provided. The Commission, accordingly,
directs the CPIO to provide the information for the period 2003 to 2005.
Also, inspection of files against point 7,8, 9 and 10 to be allowed to the
appellant. All information to be provided within 20 days of the receipt of this
Order.
11. The appeal is disposed off.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(K.G.Nair)
Designated Officer
Cc:
1. Mr. Ramesh Kumar
Qtr. No. 93, Sector-2, Type 3
Sadiq Nagar,
New Delhi – 110 049
2. The CPIO,
Ministry of Health & family Welfare,
Nirman Bhavan,
New Delhi.
3. The Appellate Authority,
Ministry of Health & family Welfare,
Nirman Bhavan,
New Delhi.
4. Officer in charge, NIC
5. Press E Group, CIC