Central Information Commission
Mr.Madan Kharbanda vs Pgimer, Chandigarh on 20 February, 2009
Central Information Commission
CIC/AD/A/09/00155
Dated February 20, 2009
Name of the Applicant : Mr.Madan Kharbanda
Name of the Public Authority : PGIMER, Chandigarh
Background
1. The Appelant filed an RTI request dt.20.5.08 with the CPIO, PGIMER. He requested for the following information with regard to tender for providing electrical installation for UPS distribution system at advanced cardiac centre opened on 29.9.06.
i) Certified copy of the enquiry report against the defaulting officer
ii) Proposed action to be taken against the defaulting officer in the light of enquiry report against the defaulting officer
iii) Certified copy of the letter vide which action was taken by the PGI authorities against the defaulting officer
iv) proposed financial penalties against the defaulting officer in case payment to be made due to his wrong illegal actions to the contractor
v) Any criminal proceedings initiated against the defaulting officer, if not why? Who is shielding the defaulting officer
vi) Copy of policy to compensate the contractor in such case when contractor is/are suffered due to the misuse of official powers with malafide intention.
vii) Any adverse remarks by the enquiry officer or by the PGI authorities against the contracting agency.
The CPIO replied on 6.6.08 enclosing a note dt.3.6.08 from AAO (Vig) which states that the matter is still under investigation and for the purpose the comments and explanations of the concerned Hospital Engineer has been asked. Therefore it is not appropriate to supply the requisite information without reaching at the fair conclusion as it may affect the investigations. The applicant filed an appeal dt.18.6.08 with the Appellate Authority. The Appellate Authority replied on 22.7.08 denying the information under Section 8(1)(h) of the RTI. The applicant filed a second appeal dt.8.12.08 before CIC.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for February 20, 2009.
3. Mr. Hans Raj Sharma, Sr. A.O. & CPIO represented the Public Authority.
4. The Applicant was present during the hearing.
Decision
3. The Respondents informed the Commission that at the time when the RTI request was filed, the investigation against the offenders was ongoing because of which they denied disclosure of information. However, now that the investigation is over, the Public Authority is willing to provide the information. Accordingly, the Commission directs the CPIO to provide all the information except against the points 2 and 4 and the second half of point no. 5 since they are not seeking information as defined in the RTI Act.
4. All information to be provided within 15 days of receipt of this Order.
5. The appeal is disposed off.
(Annapurna Dixit) Information Commissioner Authenticated true copy:
(K.G.Nair) Designated Officer Cc:
1. Mr.Madan Kharbanda House No.61B New Officers Colony Patiala Punjab
2. The CPIO Post Graduate Institute of Medical Education and Research
3. The Appellate Authority Post Graduate Institute of Medical Education and Research
4. Officer in charge, NIC
5. Press E Group, CIC