Central Information Commission
CIC/AD/A/2009/001497
Dated January 6, 2010
Name of the Applicant : Shri Nanak Chand
Name of the Public Authority : CGHS, HQ
Background
1. The Applicant filed an RTI application dt.8.5.09 with the CPIO, M/o Health & Family
Welfare seeking information against 4 points including the action taken on a complaint
filed by him about the misbehaviour of CGHS staff vide his letter dt.18.2.08 along with
the enquiries conducted in this connection as also the file notings and the action
taken report against the concerned officers. Apart from that, he also sought action
taken on 2 other complaints dt.1.4.08 in continuation of his letter dt.7.2.08. Shri Jai
Prakash, CPIO transferred the RTI application to CGHS HQ on 20.5.09 and requested
them to furnish the information directly to the Applicant. Dr.Niraj Kulshrestha,
Vigilance Officer (CGHS) replied on 12.6.09 stating that information against points 1 to
4 does not pertain to Vigilance Cell CGHS(HQ). The Applicant filed an appeal
dt.28.7.09 with the Appellate Authority (Director(Administration & Vigilance))
complaining about non-receipt of information even after two months. Ms.Sarojini
Rawat, Section Officer, Ministry replied on 17.8.09 requesting the Applicant to address
his representation to the concerned Appellate Authority while returning the appeal to
the applicant without mentioning the name and address of the concerned Appellate
Authority. Being aggrieved with this reply, the Applicant then submitted another
appeal dt.26.8.09 to the Appellate Authority, M/o Health & Family Welfare complaining
about non-receipt of information even after two months. Shri A.K.Sethi,
Director(Admn.), DGHS transferred the appeal to Addl. Director, CGHS(HQ) on 2.9.09.
Beeing aggriebed with the non-receipt of information, the Applicant filed a second
appeal dt.10.11.09 before CIC stating that even after a lapse of 6 months no
information has been received.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing
for January 6, 2010.
3. Dr.B.Badrinarayana, Joint Director, CGHS represented the Public Authority.
4. The Appellant was present during the hearing.
Decision
5. The Appellant submitted that he had filed a complaint with Shri Debashish Panda,
Joint Secretary (Vig.), M/o Health and Family Welfare and added that information
sought by him is available only with the Ministry and not with the CGHS and that
transferring of RTI application to CGHS is just a ploy to deny him the information he is
seeking. Dr.Badrinarayana, CGHS (HQ) submitted that he received the RTI
application from the Ministry on 1.6.09 and had transferred the same to the Vigilance
Officer, CGHS on 4.6.09 who replied to it on 12.6.09 informing the Appellant that
information sought by him does not pertain to Vigilance Cell CGHS (HQ) .
6. The Commission after hearing the submissions made directs Shri Jai Prakash, CPIO,
Vigilance Section, M/o Health & Family Welfare to provide complete information as
sought by the Appellant vide his RTI application dt.8.5.09. The information should
reach the Appellant by 6.2.2010 and the Appellant is directed to submit a compliance
report by 13.2.2010.
7. The Commission also directs Shri Jai Prakash, CPIO, M/o Health & Family Welfare,
Vigilance Section to show cause as to why penalty should not be imposed upon him
for not providing the information despite the fact that the JS, Mr. Panda is the
custodian of the information as the complaint had been addressed to him. He is
directed to appear before the Commission on 12.3.10 at 2.30 pm along with his
written explanation.
8. The appeal is accordingly disposed off.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri Nanak Chand
Flat No.1, CGHS Dispensary
Kidwai Nagar(East)
New Delhi 110 023
2. The PIO
Central Govt. Health Scheme
O/o Additional Director (HQ)
9, Bikaner House Hutment
Shahjahan Road
New Delhi
3. The Appellate Authority
Central Govt. Health Scheme
O/o Additional Director (HQ)
9, Bikaner House Hutment
Shahjahan Road
New Delhi
4. Shri Jai Prakash
CPIO
M/o Health & Family Welfare
Nirman Bhavan
New Delhi
5. Officer incharge, NIC
6. Press E Group, CIC