CENTRAL INFORMATION COMMISSION
Room No. 415, 4th Floor,
Block IV, Old JNU Campus,
New Delhi - 110067.
Tel : + 91 11 26161796
Decision No. CIC/PB/C/2008/00910/SG/2496
Complaint No. CIC/PB/C/2008/00910/SG
Complainant : Ms. Swati Maliwal,
G-138/F-2, Dilshad Colony,
Delhi-110095.
Respondent : Public Information Officer,
Department of Health & Family Welfare
9th Level 'A' Wing, Delhi Secretariat
I.P.Estate, New Delhi-110002
Facts
arising from the Complaint:
Ms. Swati Maliwal, had filed a RTI application with the PIO, Director, Directorate of
Health Services, F-17, Karkardooma, on 19/08/2008 asking for certain information. Since no
reply was received within the mandated time of 30 days, she had filed a complaint under Section
18 to the Commission. The Commission issued a notice to the PIO on 05/02/2009 asking him to
supply the information and sought an explanation for not furnishing the information within the
mandated time.
The Commission had received a letter from Dr. N.R Aggarwal, PIO Director of
Health Services where he stated that the RTI application by Ms. Swati Maliwal has been
transferred to Public Information Officer, Department of Health & Family Welfare on
22/08/2008. The PIO, Department of Health & Family Welfare is guilty of not providing the
information to the applicant under the provisions of the RTI Act. Therefore, the only
presumption that can be derived is that PIO has deliberately and without any reasonable cause
refused to give information as per the provisions of the said Act.
Decision:
The Complaint is allowed.
The PIO Department of Health & Family Welfare will send the complete information to
the complainant before April 25, 2009. The PIO’s action clearly amounts to denial of
information without any reasons. The PIO is therefore, asked to submit a written explanation
showing cause as to why penalty should not be imposed and disciplinary action be recommended
against him under Section 20 (1) & (2) of the RTI Act before April 30, 2009.
If the information has already been supplied to the complainant, furnish a copy of the
same to the Commission with your written submission.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
March 30, 2009.
For any further communication with the Commission please mention the decision No. given at the top.
Encl: Copy of the transfer letter dated 22/08/2008