Dr.Rakesh Sehgal vs Ut Of Chandigarh on 15 November, 2010

                      Central Information Commission
    Room No.296, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama Place, New 
                                   Delhi­110066
               Telefax:011­26180532 & 011­26107254 website­cic.gov.in


                    Complaint  : No. CIC/LS/C/2009/000671 &
                             CIC/LS/C/2009/000739


Appellant /Complainant         :        Dr. Rakesh Sehgal, Chandigarh 

Public Authority               :       Govt. Medical College & Hospital,
                                       Chandigarh ( Mrs. Jasvinder Kaur,PCS
                                       & CPIO and Sh.Harjit Singh, Supdt. 
Elec.I)
 
Date of Hearing                :       15/11/2010
Date of Decision               :       15/11/2010 

Facts

:­ 
 

1. The applicant vide his RTI application of 20th May, 2009 preferred before
the CPIO, Government Medical College & Hospital, Chandigarh sought
information pertaining to vigilance inquiries and any other inquiries conducted
against any Faculty Members/Medical Superintendent of GMCH during the past
10 years including the present Director-Principal. The applicant desired to have
information in a particular format, a sample of which he provided in his RTI
application. Not receiving a response, Dr. Rakesh Sehgal preferred appeal dated
26th June, 2009 before the Ist Appellate Authority which also was not adjudicated
upon. Consequently the applicant preferred complaint before the Commission.
The matter was heard today. Both parties were present in person as above.
Respondent stated that vide CPIO’s order of 18th June, 2009 full and complete
information was provided.

Decision

2. Respondent is directed to provide a copy of his order of 18 th June 2009
once again to the applicant by registered post. This decision also covers RTI
application processed in file No.CIC/LS/C/2009/000739.

3. The appellant provided a copy of letter written by Associate Professor
Physiology, Genetic Centre, GMCH addressed to the Director, Postgraduate
Institute of Medical Research and Education (PGIMER) to the Commission in
which the fact that he has preferred RTI applications comes in for adverse
comment. The letter identifies seeking information under the RTI Act as ‘negative
activities’ and is described as being “equivalent to making a serious offence
against the decorum of the Institute”.

4. The Commission takes a serious note of this closed and obstructionist
approach of the Incharge, Genetic Centre, GMCH who has considered it
appropriate to express such views in an official communication to the Director,
PGIMER. The Commission through this order wishes to disabuse her of this
erroneous interpretation of the RTI Act where in her view seeking information
regarding an area not related to his (the appellant’s) field of research and not to
his institution is considered “disturbing activities”. The Associate Professor,
Department of Physiology and Incharge Genetic Centre, GMCH is required to
cleaner mindset of cobwebs so as to allow the light cast by this unique legislation
to illuminate her thinking. 

(Smt. Deepak Sandhu)
Information Commissioner (DS)
Authenticated true copy:

(T. K. Mohapatra)
Under Secretary & Dy. Registrar
Tel No. 011­26105027

Copy to:­

1. Dr. Rakesh Sehgal
HouseNO.175, Sector­16A
Chandigarh

2. Mrs. Jasvinder Kaur
PCS, Addl.Director(Admn.) & CPIO
Govt. Medical College & Hospital
Block­D, Sector­32, 
Chandigarh

3. The Appellate Authority
Govt. Medical College & Hospital
Block­D, Sector­32, 
Chandigar