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Central Information Commission

Mr. Ratan H. Vasvani vs M/O Health & F.W. on 24 October, 2008

          Central Information Commission
                                           CIC/PB/C/2008/00895/AD

                                               Dated October 24, 2008

Name of the Appellant         :Mr. Ratan H. Vasvani,
                               House No. 3 - THA 27,
                               Housing Board, Shastri Nagar,
                               Jaipur-302016
                               Rahasthan


Name of Public Authority      :The APIO & Under Secretary,
                               M/o Health & F.W.,
                               D/o Ayush IRCS Annexe Building,
                               IRCS Road, New Delhi

Background

1. The RTI application was filed on 10.3.08. The Appellant stated that he had sent an application dated 7.5.07 to the Secretary, Deptt. Of Ayush, M/o Health & F.W. regarding proceedings in a criminal case and a simultaneous Departmental inquiry being held against the Appellant. The Appellant wanted : (i) to know whether his application dated 7.5.07 was considered by CCRAS when the final order for Departmental proceedings was issued and (ii) the copies of the note sheets put up along with the Appellant's letter dated 7.5.07. The CPIO (MHFW) transferred the RTI application to Director CCRAS on 28.3.08 with a request to furnish the information. On not receiving any reply, the Appellant filed his first appeal on 10.5.08 to M/o Health & F.W. The Appellate Authority once again transferred the appeal to the Appellate Authority of CCRAS on 13.5.08. The CPIO (CCRAS) wrote to the Appellant on 6.6.08 stating that the Council has not received any representation dated 7.5.07 from the Appellant, addressed to Secretary, Department of Ayush. The Appellant also received a letter from the CPIO(MH&FW) dated 6.6.08 stating that his application has been transferred to CPIO/AA in CCRAS. He also informed the Appellant that the CPIO in his case is the CPIO of CCRAS. The Appellant was also advised to send his application direct to CPIO/AA of CCRAS to avoid waste of time. The Appellate Authority CCRAS wrote to the Appellant on 10.6.08 stating that the RTI application had reached the Council on 22.5.08 and that the Council had not received any representation from the Appellant dated 7.5.07, addressed to Secretary, Department of Ayush. The APIO(MHFW) once again wrote to CCRAS on 14.7.08 requesting that information be furnished directly to the Appellant.

2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, heard the matter on October 24, 2008.

3. Both the parties were present at the hearing.

Decision

4. The CPIO (MH&FW) submitted that he had not received any information regarding the Appellant's letter to Secretary, Deptt. Of Ayush. He pointed out that the Appellant had written earlier several letters and in each case, action was taken promptly and that there was no reason why this time they would have not forwarded the letter had they received it. Since no copy of the letter was sent to CCRAS the Council had no information about it.

5. The Appellant submitted that he sent his letter through courier to Secretary, Department of Ayush and that the courier receipt was not with him at the hearing.

6. The Commission directs the CPIO(MH&FW) to locate the missing letter and provide information as sought in point 1 of RTI application by the Appellant within 10 days of the receipt of this Order.

7. The appeal is disposed off.

(Annapurna Dixit) Information Commissioner Authenticated true copy:

(K.G.Nair) Designated Officer Cc:
1. Mr. Ratan H. Vasvani, House No. 3 - THA 27, Housing Board, Shastri Nagar, Jaipur-302016, Rahasthan
2. The APIO & Under Secretary, M/o Health & F.W.,D/o Ayush IRCS Annexe Building,IRCS Road, New Delhi.
3. The CPIO, Central Council for Research in Ayurveda and Siddha (CCRAS), Jawahar Lal Anusandhaan Bhavan, 61-65, Institutional Area, Opp. D, Block, Janakpuri, New Delhi
3. The Appellate Authority - RTI, M/o Health & Family Welfarer, Deptt.

Of Ayush, IRCS Annexe Building,IRCS Road, New Delhi.

4. Officer incharge, NIC

5. Press E Group, CIC