Central Information Commission
CIC/AD/C/2009/000159
Dated 29 September, 2009
Name of the Applicant : Ms. Veena Pandey
Name of the Public Authority : M/o Health & Family Welfare, New
Delhi.
Background
1. The Applicant filed his RTI application on 11.11.08 with the CPIO, M/o Health
& Family Welfare, New Delhi requesting for information against 2 points
related to the representation sent by her to the Ministry on 30.4.08. On not
receiving any reply from the CPIO of the Ministry, the Applicant filed her First
appeal on 07.01.09 stating that even after two months she has not received
any information. Being aggrieved at not receiving any reply from the
Appellate Authority, the Applicant filed a Complaint before the CIC on
13.02.09 requesting for information and praying that penalty be levied on the
CPIO.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the
hearing for 29 September, 2009.
3. Mr. Vandana Gurnani, CPIO & Director, Mr. Attar Singh, CAO & deemed PIO
and Mr. Surjeet Singh, UPC represented the Public Authority.
4. The Applicant was present during the hearing.
Decision
5. The Respondent Public Authority submitted that she had jointed as a CPIO on
27.01.09 and that she had seen the file with the said RTI request on 02.09.09
after the Second appeal was filed. She stated that on 15.12.08 The CPIO,
Ministry had requested AIIMS on 15.12.08 (followed by several reminders) to
furnish the information to the Ministry instead of transferring the same to
AIIMS to be replied to directly to the Applicant by the Institute. On 15.09.09
the Ministry provided some information along with some file notings. The
Respondent also maintained that the required information is only available
with AIIMS. The CPIO AIIMS produced a letter written by him to the Appellant
on 24.08.09 in which he had stated that the information has already been
provided to the Appellant in response to an earlier RTI request. However, no
details of information provided were available. The Appellant, stated that she
has not received any information from AIIMS in response to the instant RTI
request and that what she is seeking is the exact status of a representation
dated 30.04.08 which was sent to AIIMS by the Under Secretary, Ministry on
10.07.08. The Appellant also sought relief in the form of levy of penalty on
CPIO AIIMS and reiterated the request for the information to be provided to
her within the next 10 days.
6. The Commission accordingly directs the CPIO, AIIMS to provide point wise
information to the RTI request dated 11.11.08 while ensuring that affidavit on
a non judicial stamp paper is provided in case of information not available
with the Public Authority. The CPIO also to show cause why a penalty of
Rs.250/- should not be imposed on him for not providing the information
within the stipulated period. The response to reach the Commission before 20
October, 2009
7. The appeal is accordingly disposed of.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G. Subramanian)
Assistant Registrar
Cc:
1. Ms. Veena Pandey,
C/o Shri D.C. Pandey,
National Crime Records Bureau,
(MHA) East Block-7,
R.K. Puram, New Delhi-110066.
2. The CPIO
M/o Health & Family Welfare,
Department of Health & Family Welfare,
Nirman Bhawan,
New Delhi.
3. Officer in charge, NIC
4. Press E Group, CIC