Central Information Commission
Sh. Dr. Soobrata Roy vs Hindu Rao Hospital, Muncipal ... on 28 May, 2009
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Decision No. CIC/SG/A/2009/000752/3468
Appeal No. CIC/SG/A/2009/000752
Relevant Facts emerging from the Appeal:
Appellant : Sh. Dr. Soobrata Roy,
E-3, Block, 14-Rajpur Road,
Delhi
Respondent : PIO,
Muncipal Corporation of Delhi Hindu Rao Hospital, Delhi RTI application filed on : 29.07.2008 PIO replied : 26.02.2009 First Appeal filed on : 16.03.2009 First Appellate Authority order : 18.03.2009 Second Appeal received on : 13.04.2009 The Appellant had sought for information regarding following:
Sl. Information sought for PIO's reply
1. Why the commission goes on full blown Does not pertain to Hindu advertisements on the occasion of Vigilance Rao Hospital. week when it is not able handle/investigate all the corruption related complaint that comes to it?
2. Is it a honey trap to identify & punches the Does not pertain to Hindu whistle blowers for daring to expose the rot in Rao Hospital. the system in which they are working?
3.(a) Please give me the details of Group-A officers in Does not pertain to Hindu Delhi, against whom investigations for Rao Hospital. disproportionate assets case or other cases of financial irregularities, & corruption was made in last 15 years, with their names & designation. 3(b) How many of them were kept under suspension Does not pertain to Hindu pending enquiry with our assigning any reasons, Rao Hospital. during investigation or enquiry.
4. On Dt. 18.05.2005 we had submitted a letter regarding "Hindu Rao Hospital Medicine purchase scam and embezzlement of Govt, funds by M. S. & Addl, M.S. of the Hospital" kindly supply me the following information on it. 4(i) Kindly give me the details of movement of the No such letter as per above said letter, and action taken on it on a day record in the diary of the to day basis dak department of Hindu Rao Hospital and M. S. Office 4(ii) Was this matter ever investigated if yes, then by As replied in(i) whom?
4(ii)a Also give me the date on which investigation As replied in(i) started & its findings.
4(ii)b What action has been taken against the officers As replied in(i) who were found erring? Please give details. 4(iii) Inspection of all documents, papers, files, As replied in(i) including file noting related to the above letter, followed by certified copies of desired papers.
The First Appellate Authority ordered:
Not mentioned.
Relevant Facts emerging during Hearing:
The following were present:
Appellant : Sh. Dr. Soobrata Roy Respondent : Dr. S.C.Jain, PIO andDr. S.Kumar, APIO The appellant field his RTI application with the PIO of Central Vigilance Commission on 29/07/2008. The PIO of Central Vigilance Commission transferred the application 17/10/2008 to Chief Vigilance Officer of MCD stating that a complaint dated 18/05/2005 was forwarded vide Commission's OM No. 14964/05/Vig/VIII dated 18/07/2005. The Vigilance Department PIO forwarded this on 18/02/2009 to the Additional Commission Health who in turn forwarded it to PIO, Hindu Rao Hospital. The PIO Hindu Rao Hospital stated that the complaint letter had not reached the hospital as per records.
The appellant also points out that the first appellate authority when sending him a notice for hearing had signed a letter on 12/03/2009 and posted it on 17/03/2009 for a hearing scheduled on 18/03/2009. The first appellate authority must ensure that such lapses do not occur.
The Commission directs the Additional Commissioner Health, Mrs. T. Singh Prasad and Mr. Pradeep Srivanstava, Chief Vigilance Officer to enquire into the matter independently and send a copy of the report to the appellant and the Commission before 20 June 2009.
Decision:
The Appeal is allowed.
The Commission directs the Additional Commissioner Health, Mrs. T. Singh Prasad and Mr. Pradeep Srivanstava, Chief Vigilance Officer to enquire into the matter independently and send a copy of the report to the appellant and the Commission before 20 June 2009.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi Information Commissioner 28 May 2009 (In any correspondence on this decision, mentioned the complete decision number.) (Ranj)