Central Information Commission
CIC/AD/A/2009/000710
Dated August 11, 2009
Name of the Applicant : Dr.Chander Shekar
Name of the Public Authority : RML Hospital
Background
1. The Applicant filed an RTI application dt.2.3.09 with the CPIO, RML
Hospital, Delhi. He requested for the following information w.r.t his
letter dt.9.2.09 regarding a ‘No Objection’ certificate he is seeking
from the Hospital for owning a fire arm.
i) On what basis ‘NOC’ for the application was not given. Provide
valid legal basis for rejections along with Rule list
ii) Whether higher authorities opinion was taken in this matter or
not, if not considered then provide the reason with details
iii) if this NOC is not provided to SR, then to whom it is provided
and on what basis
iv) To prevent entry with firearm in hospital/hostel, what action has
been taken by the hospital authorities.
The CPIO replied on 23.3.09 as follows stating that the competent
authority that is Medical Superintendent has rejected the application
for issue of NOC. Being the appointing authority, he is empowered to
reject the application and that as far as academic section is
concerned, no NOC has been issued for fire arm licence till date to any
SR/JR/Intern/PG students . He also stated that with regard to iv ,
information sought is not as per the definition of information u/s 2(f)
of RTI Act.
Not satisfied with the reply, the Applicant filed an appeal dt.9.4.09
with the Appellate Authority. The Appellate Authority replied on
27.4.09 upholding the decision of the CPIO. Aggrieved with the AA’s
reply, the Applicant filed a second appeal dt.Nil before CIC.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner,
scheduled the hearing for August 11, 2009.
3. Dr.Ashok Singhal, CMO (Academic), Mr.Anil Kumar, DDA and
Mr.Ravikiran, UDC represented the Public Authority.
4. The Applicant was present during the hearing.
Decision
5. The Appellant stated that he needs the firearm since he has been
attacked twice by some property dealers. He also stated that he had
applied to the Delhi Police and that Delhi Police informed him that the
fire arm can be issued only after a No Objection Certificate is received
from the RML Hospital in which he is trainee. The Appellant is living
in the Hospital Hostel along with other trainees. The Respondent
submitted that the Medical Superintendent of the Hospital, whi is the
competent authority, had denied the NoC to the Appellant since,
according to him, as far as the hospital is concerned, the Appellant is a
trainee working/studying in an academic Institution and a resident of
the hostel and that officially there is no reason for the Hospital to
provide him with a No Objection Certificate for a fire arm .
6. The Commission directs the CPIO to reply to clarify in detail to the
Appellant why the competent authority has refused the No Objection
Certificate for securing the fire arm, by 11.9.2009.
7. The appeal is accordingly disposed of.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Asst. Registrar
Cc:
1. Dr.Chandrashekhar
Trainee Neurosurgeon
C4E-8-124
Janakpuri
New Delhi 110 058
2. Dr.A.K.Singhal
The CPIO &
Officer in Charge (Academics)
HA.II Section
Dr.Ram Manohar Lohia Hospital
New Delhi
3. Dr.T.S.Sidhu
The Appellate Authority &
Addl. Medical uperintendent
Dr.Ram Manohar Lohia Hospital
New Delhi
4. Officer in charge, NIC
5. Press E Group, CIC