Central Information Commission
CIC/AD/C/2009/000650
Dated 12th November, 2009
Name of the Applicant : MR. V.B. GUPTA
Name of the Public Authority : DGHS, DELHI
Background
1. The Applicant filed his RTI application on 07.11.08 with the CPIO / CGHS, Delhi
for allowing inspection of 4 files while giving the specific particulars of the files as
per CPIO’s decision. He also stated that only 72 pages out of 82 pages of the files
inspected earlier have been supplied to him. In this connection he wanted to know
what action the department has taken against the concerned officers who had
probably tried to deny him the supply of required documents till date despite CIC
order dated 26.03.09 with clear instructions to the department. He requested for
inspection of the said files and appointment orders of Asstt. Depot Manager in
CGHS Mumbai & Hyderabad in the year 1990 & 1991 and for orders of the
appointment of Depot Manager. The Commission vide Notice dated 25.09.09
directed the PIO to provide information by 30.10.09 and also to appear before the
Commission on 12.11.09 with an explanation to the show cause issued for not
furnishing the information within the stipulated period, by 12.11.09.
2. On not receiving any reply, the Appellant filed a Complaint before the CIC on
03.07.09.
3. The Bench of Mrs. Annapurna Dixit, Information Commissioner scheduled the
hearing on 12th November, 2009.
4. Mr. A.K. Sethi, Director & CPIO and Smt.T.Toppo, S.O. represented the Public
Authority.
5. The Applicant was present during the hearing.
Decision
6. The Respondent submitted that a Circular has been issued for location of files as
per CIC’s order. He stated that a letter dated 29.10.09 was also sent to the SHO,
Tuglak Road Police Station, New Delhi informing the SHO to lodge an FIR for loss
of 7 files. The Complainant, however, objected to the letter sent to the police
Station stating that the letter cannot be taken as a complaint for lodging an FIR.
The Complainant also complained to the Commission that few pages of the
photocopies sent by the PIO are illegible and produced the same before the
Commission. The Commission after warning the PIO to refrain from furnishing
such illegible photocopies in future directs the PIO to file an FIR with the
concerned Police Station about the missing files and also to give an Affidavit to
the Applicant about the missing files while stating the reasons for their non
availability besides allowing inspection of the 4 files as mentioned in the RTI
application. The PIO also to provide photocopies of documents he requires besides
legible copies of documents already provided, all free of cost.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G. Subramanian)
Assistant Registrar
Cc:
1. Mr. V.B. Gupta
H.No. D-112
Lajpat Nagar – I
New Delhi – 110 024.
2. The PIO
Directorate General of Health Services
CGHS-I Section
Nirman Bhawan
New Delhi.
3. Officer in charge, NIC
4. Press E Group, CIC