In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/000732
CIC/AD/A/2011/000734
Date of Hearing : April 27, 2011
Date of Decision : April 27, 2011
Parties:
Applicant
Shri Deepak Chandra Bhagat
B161, DDA Flats
Pocket3
Bindapur
Uttam Nagar
New Delhi 110 059
The Applicant was present during the hearing.
Respondents
The Public Information Officer
Central Council of Homeopathy
6165 Institutional Area
Opp 'D' Block
Janakpuri
New Delhi
Represented by : Dr.Lalit Verma, PIO & Secretary
Smt. A.R.Malik, Steno
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
Decision Notice
As given in the decision
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/000732
CIC/AD/A/2011/000734
ORDER
Background
CIC/AD/A/2011/000732
1. The Applicant filed an RTI application dt.1.11.10 with the PIO, CCH seeking the details of official work
given to him with effect from 17.12.08 along with details of official work done by him and details of
official work refused by him out of the total work assigned to him since then and the action taken by
the office against him in case he did not do the official work. If the office has not taken any action
against him, then the reasons thereof. Dr.Lalit Verma, PIO replied on 2.12.10 giving an elaborate
reply. Not satisfied with the reply, the Applicant filed an appeal dt.9.12.10 with the Appellate Authority
stating that information provided is incomplete and misleading. Dr.Ramjee Singh, Appellate Authority
vide his order dt.3.1.11 upheld the decision of the PIO. Being aggrieved with the reply, the Applicant
filed a second appeal dt.3.2.11 before CIC.
CIC/AD/A/2011/000734
2. The Applicant filed an RTI application dt.1.11.10 with the PIO, CCH seeking the date wise details of
of times when he had exhibited violent behaviour and had rushed into the office of the Secretary
without taking prior appointment and spoiling working environment with effect from Dec.1995, along
with the copy of order/circular issued to staff members with the direction to them to take prior
appointments from the Secretary in case of any grievance or official matter and also to supply copies
of reports against him by his supervisor/office superintendent or any other staff member to this effect
and the action taken by the office against him on each such occasion. If the office has not taken any
action against him, then the reasons thereof. Dr.Lalit Verma, PIO replied on 2.12.10 giving the
instances along with dates of misbehaviour on the part of the Appellant and added that remaining
information if any will be provided separately as there are many files related to the Applicant which
need to be looked into. Not satisfied with the reply, the Applicant filed an appeal dt.7.12.10 with the
Appellate Authority stating that information provided is irrelevant and misleading. Dr.Ramjee Singh,
Appellate Authority vide his order dt.11.1.11 upheld the decision of the PIO. Being aggrieved with the
reply, the Applicant filed a second appeal dt.3.2.11 before CIC.
Decision
CIC/AD/A/2011/000732
3. During the hearing, the Respondents submitted that no action has ever been taken against the
Appellant for his misbehaviour and that the reasons for not taking action are not available on record.
The Commission accordingly directs the PIO to inform the same formally in writing to the Appellant.
CIC/AD/A/2011/000734
4. During the hearing, the Respondents submitted that no order/circular suggesting the need to take an
appointment prior to meeting the Secretary is available in the records as such an order/circular does
not exist . He added that in continuation to letter dt.2.12.10, additional clarification was provided to
the Appellant on 9.2.11, in response to the RTI application. After hearing the Respondents, the
Commission directs the PIO to inform the Appellant formally in writing that the circular/order he is
seeking does not exist.
5. The information should reach the Appellant by 27.5.11 and the Appellant to submit a compliance
report by 3.6.11.
6. The appeals are disposed of with the above directions.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri Deepak Chandra Bhagat
B161, DDA Flats
Pocket3
Bindapur
Uttam Nagar
New Delhi 110 059
2. The Public Information Officer
Central Council of Homeopathy
6165 Institutional Area
Opp ‘D’ Block
Janakpuri
New Delhi
3. The Appellate Authority
Central Council of Homeopathy
6165 Institutional Area
Opp ‘D’ Block
Janakpuri
New Delhi
4. Officer in charge, NIC