Central Information Commission
CIC/AD/A/2009/000905
Dated August 19, 2009
Name of the Applicant : Mr. Pramod Kumar
Name of the Public Authority : MoH&FW
Background
1. The Applicant filed an RTI application on 08.02.06 with the CPIO, MoH&FW
seeking: i) copy of reply received by ICMR to the MoH&FW letter No.
C.13019/12/2001-Vig. dated 17.11.2001 regarding CAT order dated 25.08.1999
in O.A. No. 399/1999; and ii) copy of decision taken on the complaint dated
05.11.2001 by MoH&FW. A notice was sent to the CPIO, ICMR by the CIC upon an
appeal being filed on 18.08.2006 by the Appellant herein to furnish comments in
a time bound manner. Admittedly, the document at Sl. No.i) was supplied by the
CPIO, ICMR in compliance of the order dated 18.08.2006 passed by the Hon’ble
Information Commissioner Smt. Padma Balasubramaniam. However, the
document sought at Sl. No. ii) was not supplied.
2. The Appellant filed his First Appeal before the Director General & Secretary, Govt
of India, ICMR on 29.12.2008. The Appellant narrated that due to his transfer to
MRC, Field Station, Nadiad, Gujarat – a Field Station not established till date, the
Appellant filed an OA being No. 399 of 1999 before the Ld. CAT seeking redressal
of his grievance. The Appellant sought production of relevant documents including
ICMR File No. 75/1995- ECD-II and its Part Files dealing with promotion and
transfer case before the CAT to prove that the MRC Field Station had not been
established at Nadiad, Gujarat. The Learned Tribunal vide its order dated
2.6.1999 directed the Respondents including DG, ICMR to make the relevant files
available. Upon production and perusal of the relevant documents on 10.8.99, the
Learned Tribunal vide its order dated 25.8.1999 dismissed the OA No. 399/1999
being satisfied that Nadiad was a permanent Filed Station of MRC established in
1982. Being apprehensive about the correctness of the documents filed before the
CAT, the Appellant sought the details of the file(s) by filing an RTI application on
18.1.2006. The said details were denied to the Appellant. However, the ICMR vide
its letter No. 75/1/95-ECD-II dated 31.10.2007 informed the Appellant that the
ICMR approved a project not the Field Station as requested by the Director, MRC
to carry out experiment for a period of three years viz. 1982-1984. The Appellant
brought to the notice of the DG, ICMR vide written submissions dated 03.12.2008
that the documents/files submitted before the Ld. CAT were not the correct ones
in as much as the same were never directed to be produced, hence the order
dated 25.08.1999 was an order obtained by fraud upon producing false evidence.
The Appellant further pointed out that the Director, MRC in its reply filed on behalf
of the ICMR before the Ld. CAT admitted that the Counsel for the Respondents
had submitted office files other than the one directed by the Ld. Tribunal.
According to the averments of the Appellant, the ICMR despite being aware of all
the facts remained silent and was reluctant to communicate its decision on the
complaint dated 5.11.2001.
3. The office of the DG, ICMR responded vide letter dated 20/25.03.2009 rejecting
the First Appeal on the ground that the appeal had been considered by the
Council and since the information sought by the Appellant had already been
provided to him, no new information could be furnished. It was further stated by
the Respondent that the appeal had been reviewed/dealt with by the Disciplinary
Authority, Appellate Authority and also the Reviewing Authority and the appeal
was rejected by all three of the authorities. Being aggrieved by the decision of the
Appellate Authority, the Appellant filed a Second Appeal dated 13.04.2009 before
the CIC reiterating in details the entire sequence of events leading to the filing of
the Appeal. The Appellant filed his rejoinder on 24.06.2009 to ICMR’S reply dated
27.05.2009.
4. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the
hearing on August 19, 2009.
5. Sh. Satinder Pal Singh, Admn. Officer, Mrs. Brij Bala, Senior Admn. Officer, Sh.
Ramesh Chander, Asstt. Director and Miss Asha Rani, Section Office represented
the Public Authority.
6. The Applicant was represented by Mr. J B Sharma during the hearing.
Decision
7. The detailed submissions, ICMR’s reply dated 27.05.2009 and the rejoinder dated
24.06.2009 as also the Appellant’s submissions produced during the hearing
indicate that the dispute with respect to the furnishing of false evidence in the OA
No. 399/1999 before the Ld. Central Administrative Tribunal and the issue
whether the MRC had established a Field Station or a mere temporary project
base at Nadiad-Gujarat clearly do not fall within the purview of the RTI Act 2005.
In the facts and circumstances of the case, however, the exact and correct
information about the “..outcome/ decision taken on the complaint dated
05.11.2001” as sought by the Appellant repeatedly needs to be clearly replied.
The Commission accordingly directs the Respondent Public Authority viz. ICMR to
furnish precise and accurate information in this regard within 15 days of receipt of
this order.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Asstt. Registrar
Cc:
1. Mr. Pramod Kumar
Maya Bhawan
H-961, Palam Extension
Sector -7, Dwarka
Delhi
2. PIO
Ministry of Health & Family Welfare
Nirman Bhawan, New Delhi
3. Appellate Authority
Department of Health Research
Ministry of Health & Family Welfare
V Ramalingaswami Bhawan
Ansari Nagar, New Delhi
4. Officer in charge, NIC
5. Press E Group, CIC