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Decision No. CIC/SG/A/2009/002809/5739Adjunct
Appeal No. CIC/SG/A/2009/002809
Relevant Facts
emerging from the Appeal
Appellant : Mr. Piyush Jain
R/o 341/2A/4A, Shalimar Park,
Shahdara, Delhi – 110032
Respondent : Public Information Officer
Government of NCT of Delhi
Directorate of Health Services, F-17, Karkardooma,
Delhi 110032
RTI application filed on : 29/06/2009
PIO replied : 31/07/2009
First appeal filed on : 07/08/2009
First Appellate Authority order : 07/09/2009
Second Appeal received on : 30/10/2009
Information Sought:
1. How many doctors applied for registration as per the notice issued by the Directorate of Health
Services.
2. Name, Address and Institutes of the same.
Reply of the PIO:
The required information is enclosed herewith. (No such copy in file)
Ground for First Appeal:
1. PIO claimed that RTI fees were not paid.
2. Reply of the PIO was 9 days late.
3. Information was not provided in the manner requested.
Order of the First Appellate Authority:
The FAA observed that complete information had not been provided and directed the PIO to
furnish the complete information to the Appellant within a period of 30 days.
Ground for Second Appeal:
That the Appellant has still not been supplied with the proper information despite the FAA’s order
requiring the PIO to do so within a 30 day period from the date of the order.
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Decision dated 7 December 2009:
The appeal was allowed.
Dr. K.S. Baghotia, CMO (Leprosy Cell) was directed to provide information to the Appellant
before 28 December 2009.
A show cause notice was issued to PIO, DHS and Dr. K.S. Baghotia, CMO (Leprosy Cell) as it
appeared that they were guilty of not furnishing complete information within the time specified
under sub-section (1) of Section 7 and for not obeying the orders of the First Appellate Authority.
They were directed to be present before the Commission on 31 December 2009 at 10.30 a.m.
along with their written submissions to show cause why penalty should not be imposed on them as
mandated under Section 20 (1).
Relevant facts arising during the hearing on 31 December 2009:
The following persons were present:
Appellant: Mr. Piyush Jain
Respondent: Dr. G. Kaushalaya, DHS, PIO & CMO (BMW Management); Dr. K.S. Baghotia
Dr. K.S. Baghotia states that the delay in complying with the order of the First Appellate Authority
was due to the non-availability of Data Entry Operators/LDC. He has submitted that he has
frequently requested his superiors/controlling officers to post additional staff, but no one has been
appointed till date. The PIO and Dr. Baghotia state that part of the information has been digitized
and provided to the Appellant. The rest of the information could not be digitized due to lack of
staff. Dr. Baghotia has stated that photocopies of the entire information has now been provided to
the Appellant.
The Appellant contests this claim. He has produced a copy of a register in which number of entries
of doctors/institutions who have applied under the notice issued by the Directorate is more than the
number of applications/records provided by Dr. Baghotia.
Adjunct decision announced on 31 December 2009:
The Commission has perused the notice in regard to which the Appellant has sought information.
This Public Notice issued by the Directorate of Health Services aims to index the names of all
medical establishments which generate bio-medical waste.
The Commission is of the view that this matter has to be investigated more closely and therefore
directs the Principal Secretary, Health Department to initiate an inquiry in this matter and to decide
whether the allegation made by the Appellant, that the complete set of records has not been
provided to the Appellant is not complete, is true or not. A copy of the inquiry report must be sent
to the Commission before 31 January 2010. If it is found that the statement by Dr. Baghotia that
all information has been provided to the Appellant is false, the Commission will initiate penalty
proceedings against Dr. Baghotia.
Information relating to bio-medical waste generation is very important and it is necessary that in
public interest this information is disseminated widely. The Commission therefore directs the
Principal Secretary to ensure that the complete information relating to bio-medical waste
generation in the city including the information received by the Directorate in pursuance of its
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Public Notice is made available on the website of the Directorate before 28 February 2010. A
compliance report in this regard must be sent to the Commission before 05 March 2010.
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.
Shailesh Gandhi
Information Commissioner
31 December 2009
(In any correspondence on this decision, mention the complete decision number.)
(PS)
CC:
The Principal Secretary
Directorate of Health Services
Govt. of NCT of Delhi
F-17, Karkardooma,
Delhi- 110032.
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