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CENTRAL INFORMATION COMMISSION
Block IV, 4Th Floor, Old JNU Campus
New Delhi-110067
Appeal No. CIC/WB/A/2007/00861/LS
Appellant: Shri Surender Gandhi
Public Authority: Govt. Medical College & Hospital,
Chandigarh
(through Shri Harjit Singh,
Superintendent (CPIO) and Shri
Tarun Bhutani,CAPIO)
Date of Hearing: 11/11/2008
Date of Decision 11/11/2008
FACTS
OF THE CASE:
By his letter of 19/10/2006, the Appellant had requested for
information on 11 points relating to appointment of Ms. Kiran Bala and Ms.
Prem Lata as Nursing Sisters in Govt. Medical College & Hospital,
Chandigarh. To this, the CPIO had sent replied vide his letter dated
27/02/2007 in which information relating to point Nos.1 to 6, 9,10 and 11
had been furnished. As regards point No.7, the CPIO had expressed his
inability to furnish information asking the Appellant to specify which
notings/orders etc. were requested for by him. As regards point No.8, the
information had been declined u/s 8 of RTI Act. Dissatisfied with this the
Appellant had filed Appeal on 07/03/2007. The Appeal was dismissed by
the Appellate Authority vide order dated 16/04/2007 on the ground that the
Appellant had not enclosed with the Appeal a copy of the letter of CPIO etc.
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2. The present Appeal has been filed against the order of the Appellate
Authority.
3. The matter was heard on 11/11/2008. The Appellant did not appear
before the Commission. The Public Authority was represented by Shri
Harjit Singh, Superintendent (CPIO) and Shri Tarun Bhutani, CAPIO. Shri
Tarun Bhutani made the following submissions:-
(i) that the Appellant did not specify the information which he was
seeking from the Appellate Authority;
(ii) that he has not filed the original application and the order
passed by the CPIO in the appeal filed before the Appellate
Authority;
(iii) that the Appellant has not contested the order passed by the
Appellate Authority in the Appeal filed before the Central
Information Commission; and
(iv) that the CPIO correctly declined to furnish information in
regard to point No.8 on reasonable grounds.
4. From the records of the case, it is clear that information has been
furnished to the Appellant on point Nos.1 to 6,9,10 and 11. Information has
not been furnished to the Appellant on point No.7 and 8. As regards point
No. 7, the appellant had requested for copies of the findings/notings/order
made by the Office Superintendent in the relevant file. This information was
not furnished to the Appellant as it was not clear as to which file noting he
was referring to etc. In the facts and circumstances of the case, it is clear
that the Appellant is seeking copies of file notings/orders in regard to the
appointment of Ms. Kiran and Ms. Prem Lata. The Commission, therefore,
orders that the relevant file notings etc. may be furnished to the Appellant.
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5. As regards point No.8, the CPIO had declined to furnish information
in terms of Section 8 of RTI Act. Point 8 reads as follows:-
“8. Copy of their application submitted by Prem lata and Kiran Bala
for the post of Nursing Sisters.”
6. During the hearing, Shri Bhutani submitted that exemption has been
sought in terms of clause (h) of Section 8(1). Clause (h) reads as follows:-
“Information which would impede the process of investigation
or apprehension or prosecution of offenders.”
In my view, seeking of copies of applications submitted by Ms. Prem
lata and Kiran Bala in no way is connected with the process of investigation,
least of all impeding such investigation. I, therefore, feel that this
information has been incorrectly denied to the appellant and must be
furnished to him.
DECISION
7. Information has already been furnished to the Appellant in regard to
Point No.1 to 5, 6,9,10 and 11. As regards point No.7 and 8, the information
may be furnished to him within a period of two weeks.
Sd/-
(M.L. Sharma)
Central Information Commissioner
Authenticated true copy. Additional copies of orders shall be supplied
against application and payment of the charges, prescribed under the Act, to the
CPIO of this Commission.
(K.L. Das)
Assistant Registrar
Tele: 011-2616 26 62