Central Information Commission
CIC/PB/A/2008/1013/AD
Dated November 26, 2008
Name of the Appellant : Mr.Ajay Kumar Bahl
H.No.1669, Sector-9
Faridabad 121 006
Name of Public Authority : The CPIO
Ministry of Health & Family
Welfare
Dy. Controller of Accounts
Nirman Bhawan
New Delhi
Background
1. The RTI application was filed on 22.12.07. The Appellant requested for
information against 12 points regarding his premature repatriation to
his parent office. The CPIO replied on 22.1.08 providing information
against 10 points. The Appellant filed his first appeal on 31.1.08
reiterating his request for information and for levying penalty on the
CPIO for giving incomplete information. The Appellate Authority
replied on 11.2.08 stating that the information had already been given
to the Appellant vide letter dt.22.1.08 and that there is no question of
levying penalty on the CPIO since he had answered well within the
stipulated time period. The Appellant filed his second appeal before
the CIC on 1.7.08. In his appeal he stated that information against
points h & l was not provided to him and that information related to
point 7 was not certified and therefore is not correct information. He
also stated that he got information about fresh deputationists about
his action from Jan.06 as requested by him.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner,
scheduled the hearing for November 26, 2008.
3. Mr.Shankar Dass, Dy. Controller of Accounts & CPIO and
Mr.D.N.Pathak, Chief Controller of Accounts & Appellate Authority and
Mr.Gajinder Singh, Sr.A.O represented the Public Authority.
4. The Appellant Mr.Ajay Kumar Bahl was present in person during the
hearing.
Decision
5. The Appellant submitted that he has received most of the information
except against points h & l. The respondents submitted that they
would be happy to provide the information once they know what
further information the Appellant wants.
6. The Commission directs the CPIO to provide certified copis of
notings/letters communicated to the Appellant during his deputation as
Accountant in the Ministry of Health & Family Welfare w.e.f. 5.8.04 to
17.12.07 along with copies of acknowledgements. Information
against point l regarding names and service details of Accountants also
etc. also to be provided.
7. All information to be provided within 15 days of receipt of the Order.
8. The Appellant also filed a petition before the Commission regarding
non-compliance of CIC decision dt.23.10.08 in case of
No.CIC/PB/A/2008/00639/AD where the Public Authority was directed
to provide the Appellant with all the letters, documents, reports
indicating misconduct on the part of the Appellant which had been sent
to the Appellant’s parent department (Ministry of Defence) before the
RTI request dt.3.12.07 was filed.
9. With regard to the above complaint regarding non-compliance of Order
dt.23.10.08, the Commission directs the CPIO to provide information
requested, for the period before the RTI request was filed and not
after . If information for the period before RTI request was filed is
not available in the records, the CPIO to provide an affidavit saying so.
The information to be provided within 15 days of receipt of this Order.
9. The appeal is disposed off.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(K.G.Nair)
Designated Officer
Cc:
1. Mr.Ajay Kumar Bahl
H.No.1669, Sector-9
Faridabad 121 006
2. The CPIO
Ministry of Health & Family Welfare
Dy. Controller of Accounts
Nirman Bhawan
New Delhi
3. The Appellate Authority – RTI
Ministry of Health & Family Welfare
Dy. Controller of Accounts
Nirman Bhawan
New Delhi
4. Officer incharge, NIC
5. Press E Group, CIC