In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2010/001791
Date of Hearing : January 17, 2011
Date of Decision : January 17, 2011
Parties:
Applicant
Shri M.L.Meena
C15, Hudco Place
Type VB flats
Andrews Ganj
New Delhi 110 049
The Applicant was not present during the hearing.
Respondents
Directorate General of Health Services
A&V Section
Nirman Bhawan
New Delhi
Represented by : Ms.Veena Verma, Dy. Director and Dr.G.K.Sharma, DDG(M)
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
Decision Notice
The Commission directs the PIO to transfer the RTI application to the CPIO, M/o Health & Family Welfare with
the direction to provide an appropriate response to the Appellant by 17.2.11.
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2010/001791
ORDER
Background
1. The Applicant filed an RTI application dt.23.2.10 with the CPIO, DGHS seeking inspection of files of
A.V.Section. He also sought proceedings register for opening files in A.V section during the year
199596 to 200001, list of files if any which are found missing from official records in Director (A&V)
office during the year 200506 till date along with details of action taken in this regard. Shri
H.R.Joshi, CPIO replied on 15.3.10 denying the information u/s 8(1)(h) of the RTI Act. In response to
the first appeal dt.9.4.10 (Copy not enclosed), Prof.A.K.Mandal, DDG(M) replied on 24.8.10 stating
that information solicited in the appeal regarding files at S.No.2,3,4,6,7,8 and 14 is not available with
A&V Section and as far as information sought against 10, 11 and 12 is concerned, it does not pertain
to A&V Section and denied the information sought against points 5, 13 and 15 u/s 8(1)(h) of the RTI
Act. Being aggrieved with the reply, the Applicant filed a second appeal dt.29.9.10 before CIC.
Decision
2. During the hearing, the Respondents submitted that information sought against points 2, 3, 4, 6, 7, 8,
10, 11, 12 and 14, does not pertain to A&V Section. When queried as to where the information might
be available, the Respondents stated that an enquiry by the vigilance section of the Ministry of Health
& Family Welfare is going on against the Appellant who is a Group A Officer, for misappropriation of
equipment in stores and hence all the files are available with the Ministry. He added that acceding to
the Appellant’s request would impede the process of investigation. When queried as to why the RTI
application was not transferred to the Ministry, Dr.G.K.Sharma, DDG(M) submitted that he had taken
over charge recently as the Appellate Authority and that the earlier PIO has also been transferred
and hence he is not aware of the reasons for not transferring the application.
3. The Commission after hearing the submission by the Respondent directs the PIO to transfer the RTI
application to the CPIO, M/o Health & Family Welfare with the direction to provide an appropriate
response to the Appellant by 17.2.11 and the Appellant to submit a compliance report to the
Commission by 24.2.11.
4. The appeal is disposed of with the above directions.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri M.L.Meena
C15, Hudco Place
Type VB flats
Andrews Ganj
New Delhi 110 049
2. The Public Information Officer
Directorate General of Health Services
A&V Section
Nirman Bhawan
New Delhi
3. The Appellate Authority
Directorate General of Health Services
A&V Section
Nirman Bhawan
New Delhi
4. Officer Incharge, NIC