CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/AD/C/2011/000365/SG/14220
Complaint No. CIC/AD/C/2011/000365/SG/14220
Complainant : Mr. Kumar.M
11 D, Kalinga Colony
P.T Rajan Salai
K.K.Nagar, Chennai-600078
Respondent No. (1) : Public Information Officer
Dy. Director (Admin)
Ministry of Health & Family Welfare
DGCGHS, CGHS-I Section
Nirman Bhawan, New Delhi
Respondent No. (2) : Central Public Information Officer
Deputy Secretary to GOI
Ministry of Health & Family Welfare
CHS-Division, Nirman Bhawan
New Delhi
Facts
arising from the Complaint:
Mr. Kumar.M had filed a RTI application with the PIO, DGHS, Ministry of
Family Welfare & Health New Delhi on 11/08/2010 asking for certain information.
However on not having received the information within the mandated time, the
Complainant filed a complaint under Section 18 of the RTI Act with the Commission. On
this basis, the Commission issued a notice to the PIO, DGHS, Ministry of Family
Welfare & Health on 07/07/2011 with a direction to provide the information to the
Complainant and further sought an explanation for not furnishing the information within
the mandated time.
Subsequently, the Commission received a letter dated 20/07/2011 from the
Respondent No. 1 wherein it has been stated that the RTI Application was forwarded to
the PIO/DS(CHS), Ministry of Health & Family Welfare vide letter dated 26/08/2010 for
necessary action. Copy of such letter was enclosed. Further, stating that in view of the
same, the Commission notice has also been served to the PIO/DS(CHS).
The Commission received a copy of letter dated 22/07/2011 of the Respondent
No.2 addressed to the Respondent No.1 in response to the Commission’s notice being
served upon him by the Respondent No.1. The PIO/DS (CHS) has stated therein that the
information pertaining to his department has been provided to the Complainant vide letter
dated 22/07/2011, copy of which was also enclosed. Further, it has been stated that
information on Query Nos. 2 to 5 pertains to Dte. GHS, therefore the Respondent No.1
has been directed to provide the information on rest of the queries. However, Respondent
No.2 has not given any explanation for the delay in providing the information after the
RTI Application is shown to have been transferred to Respondent No.2 vide the letter
dated 26/08/2010. There appears to be a delay of over 250 days in even providing the
information on Query No.1 as claimed to be concerned with his office. Further, the
shifting of onus between both the Respondents in providing the information appears to
have caused inordinate delay in providing the complete and correct information to the
Complainant till date. There is also no further proof received in the Commission of
having provided the information on rest of the queries to the Complainant.
Decision:
The Complaint is allowed.
In view of the aforesaid, Respondent No.1 is hereby directed to provide the
complete information on Query Nos.2 to 5 of the RTI Application dated 11/08/2010 to
the Complainant before 14/09/2011 with a copy to the Commission. From the facts
before the Commission, it appears that both the Respondent PIOs have not provided the
correct and complete information within the mandated time and have failed to comply
with the provisions of the RTI Act. The delay and inaction on both the PIO’s part in
providing the information amounts to willful disobedience of the Commission’s direction
as well and also raises a reasonable doubt that the denial of information may be malafide.
Both the PIOs are hereby directed to present themselves before the Commission
on 19/09/2011 at 10.30am along with their written submissions to show cause as to why
penalty should not be imposed and disciplinary action be not recommended against them
under Section 20 (1) and (2) of the RTI Act. Further, the Respondents may serve this
notice to such persons who are responsible for causing such delay and direct them to be
present before the Commission on the said date and time and a copy of proof of seeking
assistance from other person(s), if any should also be submitted before the Commission.
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, 2005.
Shailesh Gandhi
Information Commissioner
24 August 2011
(In any correspondence on this decision, mention the complete decision number.)(SP)