Central Information Commission Judgements

Mr.Samironroy vs National Institute Of Health And … on 25 October, 2011

Central Information Commission
Mr.Samironroy vs National Institute Of Health And … on 25 October, 2011
                        CENTRAL INFORMATION COMMISSION
                         Club Building, Opposite Ber Sarai Market,
                           Old JNU Campus, New Delhi - 110067.
                                   Tel: +91-11-26161796
                                                       Decision No. CIC/AD/C/2011/901104/SG/15314
                                                              Appeal No. CIC/AD/C/2011/901104/SG

Complainant                                 :      Mr. Samiron Roy,
                                                   HI/8, Bengali Colony,
                                                   Mahavir Enclave,
                                                   New Delhi - 110 045

Respondents                                 :      Dr. Rajesh Kumar
                                                   CPIO & Assistant Professor
                                                   National institute of Health & Family Welfare,
                                                   Ministry of Health & Family Welfare,
                                                   Munirka, New Delhi - 110 067

RTI application date                        :      14/10/2009
RTI application received by CPIO            :      20/10/2010
PIO replied                                 :      23/11/2009
First Appeal filed on                       :      25/11/2009
First Appellate Authority order             :       ------------
Second Appeal filed on                      :      09/03/2010

 Sl.               Information Sought                                  CPIO Reply
 1.       Total honorarium received by Dr.         This information is in voluminous nature.
       Somnath Roy, Dr.. J.P. Gupta, Dr. H.        Therefore, firstly he may be asked to deposit Rs.
       Simon, and Dr. Kapilashrami, Ex-            12,000, The calculation is given (5 persons @ Rs.
       Directors of NIHFW during their             800/- for 3 days i.e. 5x800x3 - 12,000/-. This is
       respective tenure                           under Section 7 (3) (a) of the RTI Act. After deposit
                                                   the above amount, the information will be provided
                                                   with 5 working days.
 2.    Total honorarium received by Dr. Please at Annexure - I
       Deokiandan Panday, Director of NIHFW
       during his tenure (from April 2007 to April
       2009). Date wise & purpose wise
       honorarium received.
 3.    Details movable and immovable assets of Please at Annexure - I
       Dr. Deokinandan and source of income.
 4.    Reason for not giving extension only seven Please indicate the name of the seven people who
       people from RCH-II/NRHM Project after were not given extension after ___________ which
       31.09. And reason for giving extension dates (as the date is not clear)
       remaining people from RCH-II/NRHM
       Project.
 5.    How       many      fully   grown     trees No tree has been chopped/uprooted during April
       chopped/uprooted during April 2007 to 2007 to April 2009 by NIHFW.
       April 2009. If chopped/ uprooted, the
       details of permission from Forest Deptt.
 6.    Daily official vehicle movement of Firstly, he may be asked to deposit Rs. 4800/- (2400

                                                                                              Page 1 of 3
      NIHFW. Purpose and duration of the              pages x Rs. 2/- = Rs. 4800/-) under RTI Act. After
     vehicle movement during April 2007 to           depositing the fee, information will be provided
     Sept 2009.                                      within twenty working days.
7.   Daily petty expenses of the institute during    Please see at Annexure - III
     April 2007 to Sept 2009.
8.   Recruitment procedure of Technical              The vacant posts in NRHM/RCH- II was advertised
     Assistant (A,B,C) in NRHM/RCH - II in           in leading newspaper and also placed in the
     the month of May - June 2009. Total             institute's website. After receiving the applications,
     expenditure, company name that make the         the short listed were called for skill test and
     software for the test, what's the criteria to   interview.
     choose this company for making software         Total expenditure paid to the company with whom
     and tender details to awarding company to       test was conducted is Rs. 55,150/-. The name of the
     make software.                                  Company is DATATEC Methodex Pvt. Ltd, (Please
                                                     see Annexure - IV)
                                                       A market survey was made by local purchase
                                                     committee to obtain quotations for conducting on-
                                                     line test. 3 quotations were received and the lowest
                                                     one was offered to conduct on-line test.
9.   Recruitment procedure of Mr. R.S.               As per SFC meeting held on 9.10.2000 the Director
     Sharma, Job responsibilities and details of     is empowered to appoint any person as Part - Time
     official work he has done till date.            Faculty of eminence/experts in the fields of their
                                                     work on the recommendations of the Head of the
                                                     Department (Please See Annexure - V).
10. Recruitment        procedure     of    Mrs.      As per SFC meeting held on 9.10.2000 the Director
    Nagalakshmi in the month of May-June             is empowered to appoint any person as Part - Time
    2009 and her job responsibilities and            Faculty of eminence/experts in the fields of their
    details of official work she has done in her     work on the recommendations of the Head of the
    new appointment.                                 Department.
                                                     She joined the institute on 29.06.2009 (Please See
                                                     Annexure - VI).
11. Detail Procedure of allocation of official       Step 1: Applications are invited from the employees
    Quarter. Criteria for allocation of quarter      of the Institute for allotment of quarters.
                                                     Step 2: After inviting the Applications, seniority is
                                                     prepared in respect of all the category of flats i.e.
                                                     type I and type V.
                                                     Step 3: After implementation of 6th Central Pay
                                                     Commission in the institute, entitlement of the
                                                     employees is determined through Grade pay of the
                                                     employee as per details given below:
                                                     Type of Residence              Grade pay

                                                  I. Rs 1300, 1600, 1650 and 1800.
                                                  II. Rs. 1900, 2000, 2400, 2800
                                                  III. Rs. 4200, 4600 and 4800.
                                                  IV. Rs. 5400 and 6600
                                                  V. Rs. 7600 an above,
                                              The allotments of flats of each category are made as
                                              per seniority list.
12. Roles and responsibilities of Dr. Please See Annexure - VII
    K.Kalavani, and details official duty she
    has done for the RBM deptt. During her
    tenure.
                                                                                         Page 2 of 3
 Grounds for complaint:
The Complainant was not satisfied with the decision of the CPIO.

Relevant Facts

emerging during Hearing:

The following were present
Complainant: Mr. Samiron Roy ;

Respondent: Dr. Rajesh Kumar, CPIO & Assistant Professor;

The PIO has provided most of the information available on the records but is now directed to
provide the information on query-1 to the complainant. The Commission notes that the PIO had illegal
asked for fees for the information for which there is no sanction as per the rules under the RTI Act. The
Commission warns the PIO not to ask illegal demand for fees from the appellants.

Decision:

The Complaint is allowed.

The PIO is directed to provide the information available on the records on query-1 to
the Complainant before 10 November 2011.

This decision is announced in open chamber.
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
25 October 2011
(In any correspondence on this decision, mention the complete decision number.)(ANP)

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