Central Information Commission Judgements

Mr.Tribhuwan Singh Bist vs Indian Red Cross Society on 22 September, 2008

Central Information Commission
Mr.Tribhuwan Singh Bist vs Indian Red Cross Society on 22 September, 2008
          CENTRAL INFORMATION COMMISSION
                                                                   Appeal No.2825/ICPB/2008
                                                                        F. No. PBA/2008/379
                                                                         September 22, 2008
             In the matter of Right to Information Act, 2005 - Section
                             [Hearing on 12.9.2008 at 1.00 p.m.]

Appellant:          Mr.Tribhuwan Singh Bist, Uttarakhand
Public authority:   Indian Red Cross Society
                    Mr. Manish Choudhary, Director (P&A) & PIO
                    The First Appellate Authority
Parties Present:    For Respondent:
                    Mr. Manish Choudhary, Director (P&A) & PIO
                    Mr. Sarup Singh, SO ( P&A)
                    For Appellant:
                    Mr. Tribhuwan Singh Bist
                    Mr. Manu Bist
FACTS

:

The appellant has sought information under RTI Act by his letter dated
7.6.2007 addressed to PIO, Indian Red Cross Society, New Delhi requesting
information pertaining to Red Cross M & CW Centre located in Uttaranchal. In
the application he has listed as many as 28 queries. Since he did not receive
any reply he has issued a reminder vide letter dated 10.7.2007 in which he has
asked for the specific name of PIO, AA etc. The PIO could provide information
against 22 queries only on 27.8.2007. Since he had to collect information from
Red Cross M & CW Centres and this has taken some time for them to provide
this information. Apart from that the appellant is also requesting information in
some queries for a period of 4 to 5 years, which would definitely take lot of time
for this organization to collect from the field units and provide it to the appellant.
While giving reply vide letter dated 27.8.2007 the PIO has also noted that in
respect of other queries the information will be provide subsequently.
Accordingly he has provided further information on 27.02.2008 by which he has
provided further clarification to the appellant. Again the appellant has preferred
his first appeal on 19.9.2007, which was not disposed of by the AA. This has
resulted in filing of this appeal before the Commission on 30.8.2007. Comments
were called for vide letter dated 12.5.2008, which was received on 17.6.2008 and
this case was taken up for hearing, which was attended by the appellant in
person as well as the Director cum PIO accompanied by Section Officer.
DECISION:

2. I have gone through the RTI application and other replies received in this
connection. During the hearing the appellant has pointed out that the reply to the
RTI application dated 6.7.2007 has been replied much after the stipulated period.

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When the CPIO is aware he has to collect information from various field units and
the appellant has also requested for vast information he should have given an
interim reply to the appellant within 30 days so that the appellant need not have
to issue any reminder to the public authority. This should be followed very strictly
in future. It is also brought to the notice of the Commission that the information
had to be collected from various small units who have been implementing the
policies of the Red Cross Society in the field of welfare of women and maternity
since they are not well equipped in administration it would have taken a lot of
time in getting information. The appellant has denied that he has received all
information in respect of his queries from the PIO. However, the appellant has
stated during the hearing in respect of question no.9, he has requested the Red
Cross to provide information pertaining to supply of medicines and medicinal
equipments to these field units. No doubt the PIO has provided this information
and the appellant is of the view that the list is only consisting of some equipments
and there is no mention of supply of medicines by Red Cross Society. The PIO
has clarified during the hearing initially they were getting funds from the State
Governments which has now been stopped since the State Governments have
established their own medical facilities. The Red Cross is providing some
imprest money to the Supervisor of these field units to buy medicines locally for
providing the same to the local beneficiaries. However, the CPIO has stated he
has provided the information as available and as received from the field units. I,
therefore, advise the appellant in case if he is not satisfied with the information
he can request for inspection of the file in which the information has been
collected from field units. After inspection the appellant can ask for copies
required by him. The PIO is directed to provide the concerned file for inspection
on a mutually convenient date, if the appellant so desires. I am satisfied with the
reply given against other queries. On the above lines, the appeal is disposed of.

Let a copy of this decision be sent to the appellant and CPIO.

Sd/-

(Padma Balasubramanian)
Central Information Commissioner
Authenticated true copy :

(Prem Singh Sagar)
Under Secretary & Assistant Registrar

Address of parties :

1. Mr. Manish Choudhary, Director (P&A) & PIO, Indian Red Cross Society,
Headquarters, 1, Red Cross Road, New Delhi – 110 001.

2. the First Appellate Authority (Under RTI Act), Indian Red Cross Society,
Headquarters, 1, Red Cross Road, New Delhi – 110 001.

3. Mr. Tribhuwan Singh Bist, 2/1, Shissham Jhari, Near Aswal Shutter, Muni Ki
Reti, Rishikesh – 249 137. (Uttarakhand).

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