CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No.CIC/SM/A/2009/000855/LS
Appellant : Dr. Sanghamitra Ghosh
Public Authority : DGAFMS
(through Shri A.N. Sinha, Dy. Director &
Shri Dale Ram, SO)
Date of Hearing : 20.10.2009
Date of Decision : 20.10.2009
FACTS
:
The matter, is short, is that the appellant is working as a Chief
Medical Officer in Family Welfare Center attached to the Command
Hospital, Kolkata, since 1995. For all these years, her ACR is being
initiated by Sr. Executive Medical Officer (Officer Commanding of
the Hospital) and reviewed by Major General (Medical) of the
Eastern Command. However, this arrangement appears to have been
altered in the recent past. It is in this connection that vide her RTI
application dated 18.12.2008, she had sought information on 05
paras.
2. The CPIO had responded to it vide letter dated 19.1.2009. The
Appellate Authority had dismissed the appeal vide letter dated
18.3.2009.
3. The present appeal is directed against the orders of the
CPIO/AA.
4. Heard on 20.10.2009. Appellant present along with her
assistant. Dr. J. Mukherjee. The public authority is represented by the
officers named above. The parties were heard. Para-wise discussion
is given here below :-
(i). Para (a)
5. It is the say of the appellant that a complete copy of the
relevant circular has not been provided to her. Shri Sinha furnishes a
copy of the complete circular to the Commission which is handed
over to the appellant.
(ii). Paras (b) (c) & (d)
6. The main contention of the appellant is that as per DGAFMS
Medical Memorandum No. 129 dated July, 1991, Sr. Executive
Medical Officer has been designated as Reporting Officer for the
CMO. However, this arrangement has been altered vide letter No.
19651/ACR/DGAFMS/DG-3 dated 27.8.2008 wherein “HOD of
Department (Division) to which attached” has been designated as
Reporting Officer of the CMO. It is her forceful plea that the
Memorandum of 1991 has not been superseded in the aforesaid letter
resulting in an incongruous situation whereby two
instructions/guidelines survive side by side and thereby create
confusion and uncertainty. Her further submission is that there is no
sanctioned post of HOD at present. Further, the identity of the
‘Department’ has not been established in the letter dated 27.8.2008.
She, would, thus, forcefully plead that the confusion should be
cleared and status quo ante restored for harmonious functioning of the
Medical Officers.
7. On the other hand, Shri Sinha would submit that the
Memorandum of 1991 does not create a channel for writing/reviewing
of the ACRs and, therefore, is not relevant in the matter in hand.
When queried as to under what guidelines/instructions, the ACRs of
CMO were being written prior to the instructions of 2008, he does not
give any categorical response. It, however, is his strong plea that the
competent authority has all the powers to create any channel for
writing/reviewing of ACRs and this power has been exercised
through letter dated 27.8.2008.
(iii). Para (C)
8. The appellant would further submit that her query in this para
has remained unresponded to so far. To this, Shri Sinha would
respond that information regarding this para is to be provided by
Command Hospital, Eastern Command, Kolkata and they have
already been asked to do so. It is, however, noted that about 10
months have since passed but no response has been given to the
appellant. It is noted that Shri Sinha had marked a copy of his letter
to the Command Hospital perse and not to the CPIO concerned. He
now undertakes to write DO letter to the CPIO of the Command
Hospital, requesting him to provide requisite information to the
appellant in 04 weeks time.
DECISION
9. As mentioned herein above, as regards pars (b), (c) & (d) of the
RTI application, the letter of 27.8.2008 does not appear to supercede
the Memorandum of 1991 and this creates a confusing and anomalous
situation. The contention of Shri Sinha that the Commission has no
authority to question the competence of the administrative authority
to create channels for initiating/reviewing ACRs is well taken. But as
an administrative authority, he is expected to clear the air by way of
issuing clear and categorical instructions in the matter in hand. In this
view of the matter, Shri Sinha is hereby directed to have necessary
clarifications issued so that there is no scope for confusion as to who
will be the Reporting/Reviewing officer in respect of CMOs posed in
Family Welfare Centre in question. He is also directed to have
information expedited in respect of para ‘c’ of the RTI application.
10. The matter is decided in the above terms.
Sd/-
(M.L. Sharma)
Central Information Commissioner
Authenticated true copy. Additional copies of orders shall be
supplied against application and payment of the charges, prescribed
under the Act, to the CPIO of this Commission.
(K.L. Das)
Assistant Registrar
Address of parties :-
1. Shri A.N. Sinha
Dy. Director
DGAFMS
Ministry of Defence,
Pin-908713 C/o 56 APO
2. Dr. Sanghamitra Ghosh
CMO, Family Welfare Centre,
Command Hospital (EC), Alipore,
Kolkata-700029