Central Information Commission
Mr.Harish Chandra Gupta vs Bhel on 25 September, 2012
Central Information Commission
Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan,
Bhikaji Cama Place, New Delhi110066
Web: www.cic.gov.in Tel No: 26167931
Case No. CIC/SS/A/2012/001287
Dated: 25.09.2012
Name of Appellant : Shri Harish Chandra Gupta
Name of Respondent : Bharat Heavy Electricals Ltd.,
Bhopal.
Date of Hearing : 13.09.2012
ORDER
Shri Harish Chandra Gupta, hereinafter called the appellant, has filed the present appeal dated 23.2.2012 before the Commission against the respondent Bharat Heavy Electricals Ltd. (BHEL), Bhopal for providing false and misleading information in response to his RTI-application dated 1.9.2011. The matter came up for hearing on 13.09.2012. The appellant was present whereas the respondent were represented by Shri S. Satish Rao, AGM, Shri K.K. Nair, Assistant General Manager, Ms. Shreysi Singh, Sr. Executive (Law) and Ms. Shilpi Sikka, Executive (Law).
2. The appellant has through his RTI application dated 1.9.2011 sought information on fifteen queries pertaining to Kasturba Hospital, Bhopal being run by BHEL and topics like list of banned medicines published by WHO India with their side effects, Hippocrates oath, provisions for criminal action on its violation and process to apply for the same, guidelines by Indian Medical Council for Indoor and OPD patient treatment and regarding symptoms and ailments of patients, bifurcation of medicines according to the source - chemical, mineral, 2 Case No. CIC/SS/A/2012/001287 herbal and animal, list of generic names of medicines source wise, source wise list of medicine in market, substitute medicines with their standard/popular names etc. The CPIO vide his letter No. 1331 dated 20.9.2011 replied to the appellant.
3. Aggrieved with the reply of the CPIO, the appellant filed first appeal on 12.12.2011 before the FAA. The FAA (Appellate Committee) vide order No. 180/20/10/2011 dated 19.12.2011 concurred with the decision of the CPIO.
4. In his second appeal filed before the Commission the appellant states that the information sought has been hidden to protect/nourish autocracy of Hospital Staff and adamant of Doctors in BHEL hospital, corruption in purchase and distribution of inferior/substandard medicines resulting in harassment of employees.
5. During the hearing the respondent submit that the appellant is a serving employee of BHEL, hence the information supplied to him under the RTI Act was already available to him in the intranet facility of the company. The appellant is in the habit of raising vague queries under the Act just to show his importance amongst other employees. Moreover there does not appear any public purpose in any of the information sought by him.
6. Having considered the submission of the parties and perused the relevant documents on file, the Commission is of the view that the appellant has not been provided requisite information on Point No. 1 of the RTI application i.e. information regarding the registration and recognition of Kasturba Hospital, BHEL Bhopal. The Commission hereby directs the CPIO, to provide documents pertaining to registration and recognition of the aforementioned hospital to the appellant and if not registered the appellant should be informed accordingly within two weeks of receipt of this order. On remaining points, the Commission finds no reason to interfere in the replies of the respondent.
3 Case No. CIC/SS/A/2012/001287The matter is disposed of with the above directions/observations.
(Sushma Singh) Information Commissioner Authenticated true copy:
(K.K. Sharma) OSD & Deputy Registrar Address of the parties:
Shri Harish Chandra Gupta, 40 Ahinsa Vihar, Ayodhya Road, Bhopal-462041 (MP) The CPIO, Bharat Heavy Electricals Ltd., Bhopal-462022 (MP) The First Appellate Authority, Bharat Heavy Electricals Ltd., BHEL House, Siri Fort, New Delhi-110049.