CENTRAL INFORMATION COMMISSION
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Decision No. CIC/SG/C/2010/001273/10239
Complaint No. CIC/SG/C/2010/001273
Complainant : Mr. Arun Kumar
E-163/8, Khajoori Khas,
Gokalpuri, Delhi - 110094.
Respondent : Public Information Officer,
Govt. of NCT of Delhi,
Health and Family Welfare
Department of Health and Family
Welfare, Room No. 905, 9th Level,
A-Wing, Delhi Sectt., New Delhi –
110002.
RTI application filed on : 07/12/2009 PIO replied : Not replied First Appeal filed on : 01/02/2010 First Appellate Authority ordered on : 26/02/2010 Complaint filed : 12/10/2010 Complaint received on : 13/10/2010 Information Sought:
a) Applicant submitting his request for obtaining prior consent / No objection
certificate from C&AG of India against two Government official who has
committed negligence in discharge his duty in selection procedure which cause
mis-utilization of Government funds.
b) Reason for not sending any response to the Applicant despite the expiry of 8.5
month.
c) Name of the officer in our country who is competent to issue NOC/Prior
Consent against any Government official either Senior Medical officer or IAS
officer who committed negligence for providing benefit to his relatives.
d) Whether any provision was available in any manual that without any interview
any person may be engaged in government concern either contractual or
permanent.
e) Details of time required by the office for reply to any public request.
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Grounds for First Appeal:
Non-receipt of information from the PIO even after expiring of the stipulated time.
Order of the First Appellate Authority:
In continuation of this office letter no. 689 dated 17.2.2010, vide which the appeal of Sh.
Arun Kumar (ID NO. 1683) was forwarded to first Appellate Authority of Delhi State
Health Mission after hearing the appellant on 16.02.10. as during course of hearing the
Appellant specifically stated that his RTI application pertains to Delhi State Health
Mission and RTI application of the Appellant was also transferred to P.1.0, Delhi State
Health Mission vide letter no. 481-90 dated 22.1.2010 by the P.I.O (H&FW). P.I.O (H &
FW) also informed that matter pertains to Delhi State Health Mission as informed by DY.
Secy.(Planning) vide his letter no. 135 dated 15.1.2010.
Now the first Appellate Authority, Delhi State Health Mission vide letter no. 646 dated
19.2.2010 has informed that RTI application in respect of ID. No. 1683 was transferred
back to P.I.O, H&FW vide letter No. 334 dated 29.1.2010 by P.10. Delhi State Health
Mission and concluded that it can not be heard by the first Appellate Authority Delhi
State Health Mission. In view of above facts, P10, (H&FW) is directed to supply the
information to the appellant within 15 days.
Grounds for Complaint:
Non-receipt of information from the PIO after the FAA’s order.
It appears that the aforementioned respondent has not provided the information inspite of
the categorical order by the First Appellate Authority. No reasons have been provided for
not providing the information, this amounts to denial of information without any cause.
Decision:
The Complaint is Allowed.
The PIO is hereby directed to provide the complete information to the Complainant
before 20th December 2010 based on the records available. If there are no records for any
of the queries for which information has been sought, the complainant will be informed
accordingly.
From the facts before the Commission it is apparent that the PIO is guilty of not
furnishing information within the time specified under sub-section (1) of Section 7 by not
replying within 30 days, as per the requirement of the RTI Act. He has further refused to
obey the orders of his superior officer, which raises a reasonable doubt that the denial of
information may also be malafide. The First Appellate Authority has clearly ordered the
information to be given.
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It appears that the PIO’s actions attract the penal provisions of Section 20 (1).
A showcause notice is being issued to him, and he is directed give his reasons to the
Commission to show cause why penalty should not be levied on him.
He will give his written submissions showing cause why penalty should not be imposed
on him as mandated under Section 20 (1) before 30th December 2010. He will also send
the information sent to the appellant as per this decision and submit speed post
receipt as proof of having sent the information to the appellant.
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
30 November 2010
(In any correspondence on this decision, mention the complete decision number.) (GJ)
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