Central Information Commission
Mr. K. Pradhan vs Ministry Of Health And Family Welfare on 27 March, 2012
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2012/000200/18085
Appeal No. CIC/SG/A/2012/000200
Relevant Facts emerging from the Appeal:
Appellant : Mr. Khageswar Padhan
H -82, SECTOR - 2, ROURKELA
ORISSA, PIN - 769 006
Respondent : Mr. R. K. Ahluwalia
Public Information Officer & Under Secretary Department of Health Research Ministry of Health and Family Welfare Room no. 502 "D", Nirman Bhawan, New Delhi - 110011 RTI application filed on : 04/05/2011 & 05/05/2011 PIO replied : 25/10/2011 & 25/10/2011 First Appeal : 01/08/2011 & 02/10/2011 First Appellate Authority order : Not mentioned.
Second Appeal received on : 18/01/2012 Information Sought: RTI -1:
With reference to Minutes circulated vide F. No 7--8/2004- IFD, dated 23-08-2005 provide the following information
1. Whether the SFC has recommended for the re-opening the Delhi Field Station which was closed during 2006? If so, certified copy of the same may be provided.
2. Whether the SEC 'has recommended for the relocation/transfer back of employees to Delhi who was redeployed in different Field Stations after the closure of the Delhi Field Station? If so, certified copy of the same may be provided.
3. Whether a committee constituted by the Director, NIMR (ICMR) is competent to overrule the decision taken by the SFC of the Ministry of H & FW and relocate/transfer back the redeployed staffs to Delhi without the consent of the SFC? If so, certified copy of the relevant order showing competency of the Director NIMR on the matter may be provided.
4. Please specify the total number of employees of the erstwhile Delhi Field Station (including Daily Wage Workers) who were redeployed in 10 Field Stations during March, 2006. Names, Designations and place of their redeployment may be provided.
5. Please specify the total number of employees who have been relocated/transferred back to Delhi out of the staffs redeployed in different Field Stations. Names, Designations and place of their redeployment/posting before their relocation to Delhi maybe provided.
6. Please specify the total number of employees who had/have been working at Delhi continuously for the last 2 to 4 years on tour at their own request out of the redeployed staffs during the period from 1t April 2006 to 30th April 2011. Names, Designations, place of their present posting/redeployment and period of their tour may be provided.
Page 1 of 37. Whether works of the concerned Field Stations located in 10 states are hampered by the relocation/transfer back and continuous tour of around 100 employees out of the employees redeployed there to Delhi?
8. Please specify the purpose of redeployment of the staffs belonging to erstwhile Delhi Field Station in 10 different Field Stations by spending crores of rupees from the Public Exchequer if works of those Field Stations are not hampered by the relocation/tour of around 100 employees from there to Delhi without their re!5!acements.
RTI -2 With reference to -
DHR Letter No. V. 25011/79/2010-HR. dated 23/02/2010; V. 25011/32/2OIOHR, dated 04/03/2010 and V. 2S011/32/2010-HR, dated 10/03/2010.
Provide the following information
1. Has the DHR, M/o H & FW met the time limits as laid down in the CSMOP for sending acknowledgement and final reply to the Hon'ble Minister for H & FW, Prime Minister's Office and resident' Secretariat in response to the letters cited above? If so, exact dates of sending acknowledgement and final reply may be provided.
2. Who is limit as mentioned in point-I has not been met?
3. Please provide detail information on the disciplinary action initiated or to be initiated against the defaulting officer.
4. Please provide certified copies of all file noting of the file Nos. V. 25011/32/2010- HR and V.25011/79/2010-HR on the matter stated above.
Reply of the PIO:
Reply of the RTI dtd 04/05/2011:
Information has not been provided because CPIO retired on 30/06/2011. In this regard it may be stated here that the file relating to SFC proposal referred to by is not traceable and effort are being made to trace/locate the same. As soon as the concerned file would be available, information on point nos. 1 and 2 would be provided to you. It is further stated here that there is no malafide or deliberate intention in not providing the information to you within stipulated period.
Reply of the RTI dtd 05/08/2011:
The information could not furnished because CPIO has retired on superannuation on 30/06/2011 Point no 1 to 3 - All efforts are made to observe the guidelines provided in the Manual of Office procedure and deal with communications received from MPs, PM's Office, President Sectt., etc. as promptly as possible in spite of the fact that only 2 dealing staff viz. 1 Section Officer and 1 Assistant at Section level in this Department and the work is supervised by 1 Under Secretary and one Deputy\ Secretary/Director. No disciplinary action was taken against any one. Point No. 4: Certified photocopy of the noting on file No.V.25011/32/10-HR and No.V.25011/79/10-HR is enclosed (Total: 5 pages). These two files have been merged into F.No.V.2501 1/32/10-HR.
Grounds for the First Appeal:
Information has not been provided sought in both the RTI applications.
Order of the FAA:
Not mentioned.
Grounds for the Second Appeal:
Information provided is incomplete and misleading.Page 2 of 3
Relevant Facts emerging during Hearing:
The following were present Appellant: Absent;
Respondent: Mr. R. K. Ahluwalia, Public Information Officer & Under Secretary;
The Respondent states that the information that has not been provided to the appellant relates to the file relating to SFC Meeting held on 16/08/2005. He states that the file is not available. The Commission therefore directs the PIO to file a police complaint for the theft/loss of the said file and send an attested copy of this complaint to the Appellant before 20 April 2012.
Decision:
The Appeal is allowed.
The PIO is directed to file a Police Complaint as directed above and send an attested copy of the complaint to the appellant before 20 April 2012. This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties. Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi Information Commissioner 27 March 2012 (In any correspondence on this decision, mention the complete decision number.)(PRE) Page 3 of 3