Central Information Commission Judgements

Mr.P.K.Behera vs Indian Council Of Medical … on 12 November, 2008

Central Information Commission
Mr.P.K.Behera vs Indian Council Of Medical … on 12 November, 2008
           Central Information Commission

                                              CIC/PB/A/2008/00659/AD

                                                Dated November 12, 2008

Name of the Appellant            :     Mr.P.K.Behera
                                       General Secretary
                                       Malaria Research Centre Project
                                       Employee Association
                                       National Institute of Malaria
                                       Research, Sector-5
                                       Rourkela 769 002


Name of Public Authority         :     Dr.R.C.Dhiman
                                       PIO, NIMR
                                       Indian    Council   of    Medical
                                       Research
                                       2-Nanak Enclave, Radio Colony
                                       New Delhi 110 009


Background

1. The RTI application was filed on 31.1.08. The Appellant requested for
information regarding the MRC Order No.Admn/Vth
Pay/S&T/275/98/2295 dt.15.10.01 which, According to the Appellant,
gave wrong information on the pay scale of four employees. The PIO
replied on 21.2.08 stating that legal entities like Associations are not
entitled to information under the RTI Act. The Appellant filed his first
appeal on 28.2.2008 stating that the CPIO had refused to provide the
information. On not receiving any reply from the FAA, the Appellant
filed his second appeal before the CIC on 11.4.08. The CIC vide its
letter dt.9.7.08 sought comments from the PIO on the appeal. The
PIO replied on 17.7.08 vide which he provided all the information
sought by the Appellant. He also stated in his letter that after
attending the RTI workshop, he had understood Article 3 of the RTI
better. The Appellant sent a rejoinder on the comments of the
Respondents on 28.7.08.

2. The Bench of Mrs. Annapurna Dixit, Information Commissioner,
scheduled the hearing for November 12, 2008.

3. Mr.Vijay Kalra, CPIO, ICMR; Dr.R.C.Dhiman, PIO, NIMR and
Mr.J.P.Verma, Sr.A.O, NIMR, ICMR represented the Public Authority.

4. The Appellant was not present during the hearing.

Decision

5. The Respondents informed the Commission that the actual pay scales
were Rs.2200-75-2800-100-4000 and Rs.1640-60-2600-75-2900.
However, inadvertently they had typed Rs. 3200 instead of Rs.4000
and Rs.2900 in the pay scales. They said they had clarified this in
their rejoinder dated 28.7.08.

6. The Commission studied the information provided against the queries
raised by the Appellant in his RTI application and noted that there is
no further information that can be given to the Appellant.

7. The appeal is disposed off.

(Annapurna Dixit)
Information Commissioner
Authenticated true copy:

(K.G.Nair)
Designated Officer
Cc:

1. Shri P.K.Behera,
General Secretary,
Malaria Research Centre
Project Employee Association,
National Institute of Malaria Research,
Sector-5, Rourkela 769 002.

2. Dr.R.C.Dhiman,
Scientist-F and PIO,
National Institute of Malaria Research,
2 Nanak Enclave, Radio Colony,
Delhi 110 009

3. Mr.Vijay Kalra,
Administrative Officer & CPIO (ECD),
Indian Council of Medical Research,
V, Ramalingaswamy Bhawan,
Ansari Nagar,
New Delhi 110 029

4. The Appellate Authority-RTI,
Indian Council of Medical Research,
V, Ramalingaswamy Bhawan,
Ansari Nagar, New Delhi 110 029

5. Officer in charge, NIC

6. Press E Group, CIC