Central Information Commission Judgements

Mr.Abhishek Misra vs Medical Council Of India on 31 October, 2011

Central Information Commission
Mr.Abhishek Misra vs Medical Council Of India on 31 October, 2011
                       CENTRAL INFORMATION COMMISSION
                           Club Building (Near Post Office)
                         Old JNU Campus, New Delhi - 110067
                                Tel: +91-11-26161796

                                                         Decision No. CIC/SG/A/2011/002304/15386
                                                                 Appeal No. CIC/SG/A/2011/002304

Relevant facts emerging from the Appeal:

Appellant                            :       Mr. Abhishek Misra
                                             1/12-A Jangpura - A,
                                             New Delhi - 110014

Respondent                           :       Mr. Ashok Kumar Harit,
                                             PIO,
                                             Ministry of Health & Family Welfare,
                                             Medical Council of India,
                                             Pocket No- 14, Sector - 8,
                                             Dwarka, Phase -I,
                                             New Delhi - 110077

RTI application filed on             :      22-02-2011
PIO replied on                       :      16-03-2011
First Appeal filed on                :      31-03-2011
First Appellate Authority order of   :       Not Ordered
Second Appeal received on            :      23-08-2011

Information sought:
The Appellant has sought the following information:-
"
   A.     Is it true that Dy. Secretary of the Council being Dr. K.K. Arora and A.S. Nayyar were
          seen on News channel in a sting operation of taking bribe?
   B.     If yes, what action has been taken by the council?
   C.     Whether the Medical Council of India has suspended/ terminated their registration /
          license?
   D.     If yes, then when and for what period?
   E.     If no, the reason of not doing so?"

Reply of Public Information Officer (PIO):
The Appellant was provided with the following reply:-
   "In reply to (i) :- Yes.
   In Reply to (ii) :- The disciplinary proceedings are going on against Dr. K.K Arora and Dr. A.S.
   Nayyar was discharged from the services of the Medical Council of India.
   In reply to (iii),(iv) & (v) :- As per information/record available, the Medical Council of India has
   not suspended/terminated their registration from the record of IMR(Indian Medical Register)."

Grounds for First Appeal:
Unsatisfactory reply was given by PIO.

Order of First Appellate Authority (FAA):
No order was passed by the First Appellate Authority.

Grounds for Second Appeal:
Unsatisfactory reply was given by the PIO and No order was passed by the FAA.
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 Relevant Facts

emerging during Hearing:

The following were present:

Appellant: Mr. Abhishek Misra;

Respondent: Mr. Sujit Prasad, Retainer Advocate on behalf of Mr. Ashok Kumar Harit, PIO.

The PIO has provided most of the information but is directed to provide a clear and categorical reply
as regards query E.

Decision:

The Appeal is allowed. The PIO is directed to provide the information mentioned above to the
Appellant before 15 November 2011.

This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.

Shailesh Gandhi
Information Commissioner
31 October 2011

(In any correspondence on this decision, mention the complete decision number.)(HA)

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