CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2009/002809/5739
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
Dr. K.S. Baghotia,
CMO (Leprosy Cell)
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)
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 FAA:
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 of the 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.
Decision:
The Commission has perused the documents submitted by the Appellant. It is clear from
the copy of the RTI Application sent to the Commission that it was received by the
Department of Health Service on 29/06/2009. Subsequently, a reply was also sent by the
PIO. The Appellant found this reply unsatisfactory and filed a First Appeal. The First
Appellate Authority found the information provided by the PIO to be deficient and
directed vide his order dated 07/09/2009. Dr. K.S. Baghotia, CMO (Leprosy Cell) to
provide the information within 30 days of the order. The Appellant has till date not
received the information despite the order of the First Appellate Authority.
No exemption has been claimed by the PIO before the First Appellate Authority and
neither has the Authority made any observation to that effect. The First Appellate
Authority, as the Director, Health Services, is expected to be well aware of who is the
holder of the information. The Commission therefore directs Dr. K.S. Baghotia, CMO
(Leprosy Cell) to provide the information to the Appellant before 28 December 2009.
The appeal is allowed.
Dr. K.S. Baghotia, CMO (Leprosy Cell) is directed to provide information to the
Appellant before 28 December 2009.
From the facts before the Commission it is apparent that the concerned PIO, DHS is
guilty of not furnishing complete information within the time specified under sub-section
(1) of Section 7. Dr. K.S. Baghotia, CMO (Leprosy Cell) is guilty of not obeying the
orders of his superior officer, i.e. the First Appellate Authority. This raises a reasonable
doubt that the denial of complete information may also be malafide. It appears that the
PIO’s actions as well as that of Dr. K.S. Baghotia. as the deemed PIO, attract the penal
provisions of Section 20 (1). A show cause notice is being issued to them, and they are
directed to give their reasons to the Commission to show cause why penalty should not
be levied on them.
They will present themselves before the Commission at the above address 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). They will also
submit proof of having given the information to the Appellant.
If there are other persons responsible for the delay in providing the information to the
Appellant and for not complying with the order of the First Appellate Authority, such
persons may be informed of the show cause hearing on 31 December 2009 and direct
them to appear before the Commission on 31 December 2009 as well.
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
7 December 2009
(In any correspondence on this decision, mention the complete decision number.)
(PS)