Indian Kanoon - Search engine for Indian Law

Central Information Commission

A K Singh vs Ministry Of Health & Family Welfare on 21 January, 2026

                                के ीय सू चना आयोग
                          Central Information Commission
                             बाबा गंगनाथ माग, मुिनरका
                           Baba Gangnath Marg, Munirka
                           नई िद ी, New Delhi - 110067


 File No: CIC/MH&FW/A/2024/644662

 A K Singh                                                             .....अपीलकता/Appellant

                                                   VERSUS
                                                    बनाम

 CPIO
 Ministry of Health & Family Welfare
 Deputy Director Admin, AIIMS, Mandi
 Dabwali Rd, Bathinda, Punjab- l5l00l

                                                                   .... ितवादीगण /Respondent

 Date of Hearing                        :   20.01.2026
 Date of Decision                       :   21.01.2026

INFORMATION COMMISSIONER :                  Jaya Varma Sinha

Relevant facts emerging from appeal:

 RTI application filed on               :   22.05.2024
 CPIO replied on                        :   27.05.2024
 First appeal filed on                  :   11.07.2024
 First Appellate Authority's order      :   18.07.2024
 2nd Appeal dated                       :   08.10.2024

Information sought

:

1. The Appellant filed an RTI application dated 22.05.2024(offline) seeking the following information:

"1. Please provide a certified copy of the rules and regulations of the Maternity Benefit Act, Government of India under which a faculty while availing a paid maternity leave is entitled to attain conference, deliver lectures, receive monetary benefits from a CIC/MH&FW/A/2024/644662 Page 1 of 4 outside institute, and organize conferences without prior approval from the competent authority of the parent institute.

2. Provide a certified copy of Maternity Leave approval including total duration from parent institute of Dr. Rachna, Assistant Professor, Department of Pharmacology, AIIMS, Bathinda, Punjab.

3. Kindly provide a certified copy of authorization letter issued to Dr. Rachna, Assistant Professor, Department of Pharmacology, AIIMS, Bathinda, Punjab, from the competent authority of AIIMS, Bathinda, Punjab granting permission for participation, lecture delivery, conference organization and receiving the monetary benefit outside the primary institute while on paid maternity leave."

2. The CPIO furnished a reply to the Appellant on 27.05.2024 stating as under:

"Point No. 1 to 3:-As the issue/matter is handled at Institute level, information in so far as PMSSY-IV is concerned, may be treated as NIL. Your RTI Application is being transferred under section 6(3) of RTI Act, 2005 to the CPIO of AIIMS Bathinda with a request to provide the requisite information to you directly."

3. Being dissatisfied, the Appellant filed a First Appeal dated 11.07.2024. The FAA order dated 18.07.2024, held as under:;

"2. As the information sought by the applicant pertain to AIIMS Bathinda, the CPIO, PMSSY-IV transferred the RTI application to CPIO, AIIMS Bathinda under Section 6(3) of the RTI Act, 2005 vide this Ministry's letter of even no. dated 27.05.2024 requesting to provide the requisite information to the applicant directly.

3. The Appellant has filed the appeal stating that no response has been even after 45 days of application.

4. Since, the RTI Application was transferred to AIIMS Bathinda, the Appeal dated 11.07.2024 is also being forwarded to the First Appellate Authority of the Institute with a request to provide the requisite information to the appellant directly. "

4. Feeling aggrieved and dissatisfied, Appellant approached the Commission with the instant Second Appeal.

Relevant Facts emerged during Hearing:

The following were present:-

Appellant: Absent.

Respondent: Dr. Ratan Singh, CPIO-cum-Assistant Professor, attended the hearing through VC.

5. The Appellant did not participate in the hearing.

6. The Respondent submitted that the instant RTI Application and First Appeal has not been received in AIIMS Bathinda who is the custodian of the information. Upon receipt of the hearing notice from the Commission, their office has received the instant RTI Application. He added that the information sought by the Appellant in point No. 1 of the RTI Application is available on the website in public domain and in respect of point No. 2 and 3 of the RTI Application, the information is personal information of third party which is exempted from disclosure under Section 8 (1) (j) of the RTI Act.

Decision:

7. The Commission after adverting to the facts and circumstances of the case and perusal of the records, observes that the answering Respondent i.e. AIIMS Bathinda who is the custodian of the information has not received the instant RTI Application and First Appeal at the initial stage which now has been received along with the hearing notice form the Commission. In the light of the submissions made by the Respondent during the hearing, the Commission directs the CPIO to provide a suitable reply in terms of the provisions of the RTI Act to the Appellant within one week of receipt of this order.

8. The FAA to ensure its compliance.

The appeal is disposed of accordingly.

Jaya Varma Sinha (जया वमा िस ा) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स ािपत ित) (Ashutosh Vasishta) Dy. Registrar 011- 26107042 CIC/MH&FW/A/2024/644662 Page 3 of 4 Copy To:

The FAA, Deputy Director Admin, AIIMS, Mandi Dabwali Rd, Bathinda, Punjab -151001 CIC/MH&FW/A/2024/644662 Page 4 of 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-

Nil Powered by TCPDF (www.tcpdf.org)