Central Information Commission Judgements

Shri Ramasharya Singh vs M/O Health & Family Welfare on 26 October, 2009

Central Information Commission
Shri Ramasharya Singh vs M/O Health & Family Welfare on 26 October, 2009
                   Central Information Commission
                                                            CIC/AD/C/2009/000544
                                                             Dated October 26, 2009

Name of the Applicant                    :    Shri Ramasharya Singh

Name of the Public Authority             :    M/o Health & Family Welfare

Background

1. The Applicant filed an RTI application dt.18.9.08 with the CPIO, M/O Health &
Family Welfare requesting for information against 2 points including
information on whether the Ministry has received any proposal for providing
any facility or assistance for development of Ramasharya Singh Medical
Centre. On not receiving any information, the Applicant filed a complaint
dt.11.12.08 with the UP Information Commission which was in turn
transferred to CIC on 17.3.09. The Commission vide its order dt.24.9.09
directed the Respondents to provide information to the Applicant by 15.10.09
and to send the explanation for the show cause notice in writing by 20.10.09.

2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the
hearing for October 26, 2009.

3. Shri Raj Singh, CPIO and Shri Prabhudas, S.O represented the Public
Authority.

4. The Applicant was not present during the hearing.

Decision

5. The Respondent submitted that they did not receive the RTI application in the
first instance and that they came to know of it only after they received the
Show Cause notice. The Respondent added that the proof of RTI fee paid was
also not available, this perhaps was the reason for the RTI application being
overlooked. Even then a reply was provided to the Appellant by the CPIO on
12.10.09 stating that there is no such scheme as being sought by the
Appellant.

6. The Commission after hearing the submission of the Respondent accepts the
explanation provided for the delay as reasonable and drops the penalty
proceedings against the CPIO and also holds that available information has
been provided to the Appellant,

7. The complaint is accordingly disposed of.

(Annapurna Dixit)
Information Commissioner
Authenticated true copy:

(G.Subramanian)
Asst. Registrar

Cc:

1. Shri Ramasharya Singh
Village – Mehnaj Pur (East)
Azamgarh 276 203
Uttar Pradesh

2. The CPIO
M/o Health & Family Welfare
Nirman Bhavan
New Delhi

3. Officer incharge, NIC

4. Press E Group, CIC