Central Information Commission Judgements

Mr. Shiv Narayan Agrawal vs Cghs, Kanpur on 20 January, 2010

Central Information Commission
Mr. Shiv Narayan Agrawal vs Cghs, Kanpur on 20 January, 2010
              Central Information Commission
                                                                   CIC/AD/C/2009/001024
                                                                   Dated 20th January, 2010

Name of the Complainant                     :    MR. SHIV NARAYAN AGRAWAL


Name of the Public Authority           :    CGHS, KANPUR
Background

1. The Applicant filed his RTI application on 15.09.09 with the PIO, CGHS, Barra
Dispensary, Kanpur City seeking a list of patients who have been attended to by the
PIO between 1st September, 2003 to 31st August, 2006. He also wanted to know
whether there is deficiency of doctors at the dispensary during this Period. The PIO
replied on 30.09.09 returning the postal order as it was made in favour of the
Accounts Officer, Ministry of Health & Family Welfare instead of Additional Director
CGHS, Kanpur. Being aggrieved with the reply, the Applicant filed his First Appeal on
07.10.09 stating that the postal order has been returned and requesting for the
information within stipulated time period. The Chief Medical Officer, CGHS, Kanpur
vide letter dated 23.01.07 once again requested the Applicant to send RTI fees in
favour of correct payee. On still not receiving any reply, the Applicant filed his Second
Appeal on 26.10.09 stating that the PIO has been returned along with the RTI
Application vide letter dated 15.09.09 and that he had sent another IPO on 07.10.09
with the postal order in favour of correct payee and the PIO has informed him that the
records for the said period have been weeded out as per rules.

2. The Bench of Mrs. Annapurna Dixit, Information Commissioner scheduled the
hearing of 20th January, 2010.

3. Efforts were made to contact the Public Authority over telephone but contact could not
established since the line was disturbed.

4. The Complainant was not present during the hearing.
Decision

5. The Commission on reviewing the information provided and the submissions made
noted that the Appellant has been informed that the records have been weeded out
as per rules vide letter dated 21.10.09 and that information, therefore, cannot be
provided. The Commission directs the PIO to provide the copy of the rules for
preservation of Patient registers as also evidence confirming that the records sought
for the period of 1st September, 2003 to 31st August, 2006 have been weeded out.
The appeal is accordingly disposed off.

(Annapurna Dixit)
Information Commissioner
Authenticated true copy:

(G. Subramanian)
Deputy Registrar
Cc:

1. Mr. Shiv Narayan Agrawal
H.No. 943/600
Daraganj
Allahabad
Uttar Pradesh – 211 006.

2. The PIO
Central Government Health Scheme
Plot No.8-11
Ratan Lal Nagar
Kanpur – 208 002.

3. The Appellate Authority
Central Government Health Scheme
Plot No.8-11
Ratan Lal Nagar
Kanpur – 208 002.

4. Officer in charge, NIC

5. Press E Group, CIC