Central Information Commission
Mr.Pramod Kumar vs Ministry Of Health And Family Welfare on 17 June, 2010
Central Information Commission
CIC/AD/A/2010/000715
Dated June 17, 2010
Name of the Applicant : Shri Pramod Kumar
Name of the Public Authority : Indian Council of Medical Research, New Delhi
Background
1. The Applicant filed an appeal dated 13.1.10 with CPIO, ICMR, New Delhi. He requested for the following documents/information.
(i) Copy of ICMR decision No.75/1/95ECDII dated 17.9.1997 alongwith enclosures, supporting documents, communicated to the Director, MRC, Delhi.
(ii) Whether decision at S.No.(i) has been withdrawn
(iii) If answer to (ii) above is 'No" whether decision at (i) above modified.
(iv) If answer to (ii) and (iii) above is 'No' reason for no action against the Director, MRC for non compliance of decision at (i) above The PIO replied on 25.1.10 enclosing therewith a copy of the ICMR letter No.75/1/95ECDII, dated 17.9.97 as required by the Applicant at point No. 1 and informed him that as regard to point No. 2, 3 & 4, there is no provision to provide the answer and reasons for taking action or not to the Applicant, as per RTI Act. Not satisfied with the reply sent by the PIO, the Applicant filed his first appeal on
2.3.2010 asking once again for the following documents/information. He stated that:
(i) CPIO has provided copy of ICMR decision dated 17.9.97 communicated to the Director, MRC vide its letter No.75/1/95ECDII viz., stating the Appellant, the senior most LDC was to be promoted as UDC w.e.f. 1.9.94 against the specified vacancy.
(ii)The information as to whether decision referred to in paraI has been withdrawn, modified, at any stage, by the ICMR has, however, not been provided
(iii)The reason for denial of the information, referred to in para2 above, viz. "there is no provision to provide the answer and reasons for taking action or not to the applicant' is not tenable.
(iv)The facts given in para3 above amounts to denial of the requisite information.
On not receiving any reply from the Appellate Authority a second appeal was filed by the Applicant before the Commission dated 30.3.10 stating that no reason has been provided for not taking any action against the Director, MRC for noncompliance with the ICMR decision No.75/1/95ECDII dated 17.9.97.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for June 17, 2010.
3. Shri Satinder Pal Singh, PIO and Smt. Shobha Rani, Sr. AO, AA represented the Public Authority.
4. Mr. J.B. Sharma who represented the Applicant was present during the hearing. Decision
5. After hearing the submissions of both sides the Commission holds that complete information has been provided by the Respondent to the Appellant. However, in the interest of the Appellant he may be allowed to inspect the relevant files relating to ICMR decision dt. 17.9.97 and be provided with attested copies of the documents he requires free of cost by 20th July, 2010.
6. The complaint is accordingly disposed of.
(Annapurna Dixit) Information Commissioner Authenticated true copy:
(G.Subramanian) Deputy Registrar Cc:
1. Shri Pramod Kumar Maya Bhawan, H961, Palam Extension Sec7, Dwarka Delhi
2. The PIO Indian Council of Medical Research Deptt. of Health Research V.R. Bhawan, Ansari Nagar New Delhi
3. The Appellate Authority Indian Council of Medical Research Deptt. of Health Research V.R. Bhawan, Ansari Nagar New Delhi
4. Officer incharge, NIC
5. Press E Group, CIC