Central Information Commission Judgements

Mr.J B Shrama vs Ministry Of Health And Family … on 9 September, 2011

Central Information Commission
Mr.J B Shrama vs Ministry Of Health And Family … on 9 September, 2011
                      CENTRAL INFORMATION COMMISSION
                          Club Building (Near Post Office)
                        Old JNU Campus, New Delhi - 110067
                               Tel: +91-11-26161796

                                                   Decision No. CIC/AD/A/2011/001390/SG/14516
                                                           Appeal No. CIC/AD/A/2011/001390/SG

Relevant facts emerging from the Appeal:

Appellant                            :      Mr. J. B Sharma,
                                            Maya Bhawan,
                                            H- 961, Palam extension,
                                            Sector -7 , Dwarka,
                                            New Delhi - 110077

Respondent                           :      Mr. Javed Akhtar,
                                            JE & CPIO
                                            Indian Council of Medical Research,
                                            V. Ramlingaswami Bhawan,
                                            Ansari Nagar, New Delhi -110029

RTI application filed on             :      24/02/2011
PIO replied on                       :      01/04/2011
First Appeal filed on                :      11/04/2011
First Appellate Authority order on   :      Not mentioned.
Second Appeal received on            :      16/05/2011

Sl.                                                 Query
1. Please provide the copy of letter sent by the DG, ICMR to the Governor, UP , for allotment of land
    on NOIDA for office cum residence for the ICPO, New Delhi.
2. Kindly furnish the copy of approval received from the governor, UP to the request of above.
3. Kindly provide the copy of proposal sent by the DG, ICMR to the UP Government approval to
    convert the land at 1. Above into ICPO- ICMR Cooperative Group Housing society.
4. Kindly provide the copy of note sent to the G.B E.C, ICMR seeking approval comments to form a
    society as above.
5. Kindly provide the copy of approval of point 4.
6. Kindly provide the terms and conditions, bye laws and dates of formation of ICPO - ICMR
    cooperative Group housing society I - 7 Sector - 39 , NOIDA
7. Kindly provide the terms and conditions for enrollment of members of the above society.
8. Kindly provide the list of members of the society.
9. Kindly provide the list of members subsequently enrolled for the above society.
10 Kindly provide the copy of circular for the enrollment of members.
.

11 Kindly provide the details of amount paid to Shri Raju Ramachandran senior advocate from time to
. time to defend the court case in respect of appointment of Dr N.K Ganguly as DG, ICMR.

Reply of PIO
Concerned PIO replied that the queries have been transferred to concerned department.

Grounds for the First Appeal:

Reply of the PIO was dissatisfactory and the information which had been transferred has not been
received so far.

Order of the First Appellate Authority (FAA):
Not given.

Ground of the Second Appeal:

Information furnished by the PIO was not satisfactory & incomplete.

Relevant Facts emerging during Hearing:

The following were present
Appellant: Mr. J. B Sharma;

Respondent: Mr. A. K. Srivastava, Executive Engineer on behalf of Mr. Javed Akhtar, JE & CPIO;

The PIO has provided most of the information but is now directed to provide the following
information to the Appellant:

1- Copy of Principal Approval given by Dr. N. K. Ganguly to transfer the land and to form
and register a society.

2- Copy of the file notings wherein DG, ICMR has given approval to the terms and conditions
of the society.

3- List of member of the society as on 16/03/2009 on the record of ICMR.

The PIO states that the following information is not available on his records:
4- Copy of approval given by CEO/Chairman, Noida to convert land from construction of
staff quarters from ICPO staff to the private society.
5- Copy of advertisement given in the paper and copy of circular issued to the prospective
members of the Society.

The PIO has stated that the original files are with CBI and therefore he is giving copies only form the
photocopies available in the file of the Public Authority. The PIO is directed to attest all the
photocopies provided in RTI. He may make a declaration that the copies are being provided based on
the photocopies available in the file.

Decision:

The Appeal is allowed.

The PIO is directed to provide the information on the first three points listed
above to the Appellant before 30 September 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
09 September 2011
(In any correspondence on this decision, mention the complete decision number. (AM)