In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/000815
Date of Hearing : May 25, 2011
Date of Decision : May 25, 2011
Parties:
Appellant
Shri Pankaj Kumar, Advocate
Chamber No. 292 -A, Western Wing,
Tis Hazari Courts,
Delhi 110 054
The Appellant was present through his counsel, Shri J.S. Bhasin.
Respondents
M/o Health & Family Welfare
Nirman Bhavan
New Delhi
Represented by: Shri Sube Singh, Deputy Secretary and Shri Dhruc Chakravarty
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
Decision Notice
As given in the decision
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/000815
ORDER
Background
1. The Applicant, through his RTIapplication dated 15.11.2010, filed with the PIO, M/o Health & Family
Welfare, New Delhi, sought certain documents, note sheet etc.–identified in 4 items– in relation to
the appointment of the Board of Governors of Medical Council of India after dissolution of the council.
The PIO, on 09.12.2010, furnished the required information to the Applicant in respect of item Nos. 1
& 2 of the application whereas, for queries at Sl. Nos.3 & 4, he informed the Applicant that the MCI
would reply to his queries. He also transferred the RTI application to PIO, MCI. The Appellate
Authority (AA), thereafter, on 13.01.2011, in response to the Appellant’s 1stappeal dated
13.01.2011, informed the Appellant that the PIO has already replied to his RTIqueries. The
Appellant, being dissatisfied with the AA’s reply, filed the present appeal dated nil before the
Commission which was received on 14.02.2011.
Decision
2. During the hearing, the Respondents stated that they, through their communication dated 09.12.2010
had supplied the copies of complete file noting to the Appellant which contained the information
requested against item Nos. 1 & 2 of his RTIapplication. The counsel for the Appellant,
however, denied the receipt of copies of any file noting from the Respondents. The Respondents,
therefore, handed over another set of the same to the Appellant’s counsel during the hearing. With
regard to queries at item nos. 3 & 4, the Respondents stated that they had, on 09.12.2010,
transferred this part of request to the PIO, MCI for response. The Appellant’s counsel stated that the
Appellant has not received any reply from the MCI so far.
3. Since the Respondents have already transferred the Appellant’s request, figuring at item Nos. 3 & 4
of the RTIapplication, to the PIO, MCI, it is directed that the PIO, MCI should furnish a reply to
the Appellant by 25.06.2011. As for the balance information, it is noted that the Respondents from
the Ministry have handed over the complete information to the Appellant’s counsel. As such, there
shall be no further disclosure obligation on them to provide further information. The RespondentPIO
shall serve a copy of this order to the PIO, MCI for him to comply with the direction given at
para 3 above. The PIO, MCI to showcause as to why a penalty should not be imposed upon him for
not furnishing the information within the stipulated period. His response may reach the Commission
by 25.6.11.
4. Appeal is disposed of with the above directions.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri Pankaj Kumar, Advocate
Chamber No. 292 -A, Western Wing,
Tis Hazari Courts,
Delhi 110 054
2. The Appellate Authority
M/o Health & Family Welfare
Office of the Joint Secretary
Nirman Bhavan
New Delhi
3. The Public Information Officer,
M/o Health & Family Welfare
Office of the Deputy Secretary
Nirman Bhavan
New Delhi
4. Officer Incharge, NIC