Central Information Commission
CIC/AD/A/2010/000019
Dated 20th January, 2010
Name of the Applicant : DR. DILIP KUMAR SURYAWANSHI
Name of the Public Authority : MEDICAL COUNCIL OF INDIA
Background
1. The Applicant filed his RTI request on 24.06.09 with the PIO, MCI seeking information
on action taken on his representation and the information related to representation
filed including the receipt nos., names of complaint, the request date and date of reply
etc. He also sought photo copies of records in which information related to such
complaint etc are entered. The PIO replied on 05.08.09 informing the Applicant that
the letter dated 19.05.2000 is not traceable due to transfer of the entire office from
Kotla Road to Dwarka and also since the fire broke out in year 2007 in the office
building at Dwarka. Therefore, it was difficult to point out whether any action has been
taken by the Council or not. As per points 3 & 4 he stated that information sought is
not as per information defined under Section 2(f) of the RTI Act, 2005. With regard to
points 5, 6 & 7, the PIO stated that as per the records available, no such complaint
seems to have been received in the Council office against the institute/university. Not
satisfied with the reply, the Applicant filed his First Appeal on 06.10.09 stating that the
inaction between the period 2000 – 2007 has not been explained which amounts to
incomplete disclosure. On not receiving any from the Appellate Authority, the
Applicant filed his Second Appeal before the Commission.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner scheduled the
hearing on 20th January, 2010.
3. Mr. J.S. Bhasin (Advocate), Retainer represented the Public Authority.
4. The Applicant was not present during the hearing.
Decision
5. The Respondent submitted that the Applicant had enclosed a copy of letter dated
19.05.2000 with his RTI application which was received in MCI office on 24.05.2000.
He stated that he is surprised to note that the Appellant wants to find out after 9
years the action taken on his complaint about the of malpractice by Internal and
External Examiners during MD examination in the Department of Pathology, JIPMER,
Pondicherry . In this connection the Respondent stated that the information does not
pertain to MCI and that they are not in a position to take any action on the examiners
or to conduct an enquiry and added that only JIPMER, Pondicherry can do the needful
against the internal/ external examiners. The Respondent however added that the
HOD of Pathology and an internal examiner at that time and against whom the
Appellant has complained in particular, may have retired since then and would have
left the Institute and it may be difficult to locate him. . However, in the interest of the
Appellant, the Commission directs the PIO, MCI to forward the RTI application to the
PIO, JIPMER, Pondicherry with a request to provide the information directly to the
Appellant by 20th February, 2010.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G. Subramanian)
Deputy Registrar
Cc:
1. Dr. Dilip Kumar Suryawanshi
No.3, AVVAI ST
Priyadarshini Nagar
Pondicherry – 605 006.
2. The PIO
Medical Council of India
Pocket – 14, Sector – 8
Dwarka Phase – 1
New Delhi.
3. The Appellate Authority
Medical Council of India
Pocket – 14, Sector – 8
Dwarka Phase – 1
New Delhi.
4. Officer in charge, NIC
5. Press E Group, CIC