Central Information Commission
CIC/AD/C/X/09/00029
Dated March 6, 2009
Name of the Applicant : Mr.Jude L.Vaz
Name of the Public Authority : Medical Council of India
Background
1. The Applicant filed a RTI application dt.23.9.08 with the CPIO, MCI. He
stated that he was a complainant in matter of appeal against the order
dt.7.5.07 passed by Goa Medical Council (F.No.228/2007). He has received
an order by the Addl. Secretary, MCI vide letter No.MCI-211(2)(228)/2007 –
Ethics/10604. In view of the above, he requested for the following
information along with certified copies:
i) Letter dt.3.7.08 along with all the enclosures of the same sent by
Dr.Meenaxi Martins
ii) Quorum of the members present in the meeting of the Hon. Ethics
Committee dt.11th and 12th Aug.2008 along with certified copies of the
minutes.
iii) Certified copy of the legal opinion of the retainer advocate, MCI, New
Delhi.
iv) Steps taken by the office of the MCI, New Delhi regarding his letter
dt.21.8.07 and its missing enclosures.
The PIO replied on 23.10.08 enclosing all the information sought by the
applicant. The applicant filed a complaint dt.12.12.08 before CIC.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the
hearing for March 6, 2009.
3. Dr. Prem Kumar, Addl. Secretary, MCI & CPIO and Mr. J.S. Bhasin, Advocate,
MCI represented the Public Authority.
4. The Applicant was not present during the hearing.
Decision
5. The Commission reviewed the information provided and noted that
information against all the points has been given to the Appellant. The
Respondents submitted that no quorum of members is mandatory for holding
the Ethics Committee meeting and accordingly any number can appear in
such a meeting while ensuring that the number is not less than two.
However, in the interest of the Appellant and based on the request for relief
in the second appeal, the Commission directs the CPIO to provide certified
copies of the legal opinion to the Appellant within 15 working days. The
Commission observed that on receiving the reply from CPIO the Appellant has
not approached the Appellate Authority but has come directly to the
Commission . However the Commission has taken a lenient view in this
particular case and has disposed off the appeal.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(K.G.Nair)
Designated Officer
Cc:
1. Mr.Jude L. Vaz
H.No.254, Tariche Gally
Colvale Naka
Colvale Bardez
Goa
2. The CPIO
Medical Council of India
Pocket-14, Sector-8
Dwarka
New Delhi 110 077
3. Officer in charge, NIC
4. Press E Group, CIC