Central Information Commission
Ms.Meenugupta vs Ministry Of Health And Family Welfare on 28 December, 2010
In the Central Information Commission
at
New Delhi
File No.CIC/AD/A/2010/000739
Date of Decision : December 28, 2010
Parties:
Applicant
Ms. Meenu Gupta
D/o Shri B.P.Gupta
C/o Shri Ravindra Jaiswal
C 9/294 Habibpura
Chetganj
Varanasi
Respondent
The PIO Central Council of Indian Medicine 6165 Institutional area Janakpuri New Delhi Information Commissioner : Mrs. Annapurna Dixit Decision Notice As given in the decision In the Central Information Commission at New Delhi File No.CIC/AD/A/2010/000739 ADJUNCT TO ORDER DATED 24.06.2010
1. In the captioned matter, during the hearing held on 24.06.2010, based on the facts of the case, the Commission directed as follows:
".........5. During the hearing, Shri Sube Singh, Respondent PIO submitted that CCIM has nothing to do with P.N.D.T Act and hence is unable to comment on the information sought by the Applicant. He further added that in response to the second appeal, information was furnished by the Appellate Authority on 8.4.10 informing the Appellant that notification regarding use of modern medicine and modern techniques under the IMCC Act, 1970 has been struck down by the Kerala High Court in its decision dt.12.12.06 which was upheld by the Supreme Court in its decision dt.23.7.07.
6. The Commission after hearing the submissions of the Respondents while holding that complete information has been provided directs the PIO, Shri Sube Singh to show cause as to why a penalty of Rs.250/per day (Maximum Rs.25000) should not be levied on him for not responding to the RTI application within the stipulated time period as prescribed under the Act. He is directed to submit his written response so as to reach the Commission by 24.7.10......"
2. The Commission is in receipt of a communication dated 19.07.2010 from the PIO, CCIM explaining the cause of delay and replying to the Show Cause issued by the Commission in the captioned order. The Respondent stated that the reply to the RTI application dated 04.11.2009 was sent on 05.01.2010 by the PIO's office. It has further been submitted by the PIO, CCIM that an appeal from the same Applicant had been transferred by the Dy. Secretary and CPIO, Department of AYUSH vide his letter dated 13.01.2010 and received at the office of the Central Council on 25.01.2010.
3. The records of the case as also the captioned order clearly indicate that the RTI application dated 04.11.2009 was received at the office of Dy. Secretary and CPIO, Department of AYUSH, Sh. T S Bhatia on 11.11.2009 and transferred further to the CPIO, CCIM on 18.11.2009. The CPIO, CCIM responded to the said RTI application only on 05.01.2010. Even if two/three days are attributed to have been lost in postal service of the RTI application from the CPIO, AYUSH to CPIO, CCIM, there is evidently a delay of 12 days [23.11.2009 to 04.01.2010] in responding to the RTI application, which remains unexplained. Therefore, the Commission imposes a penalty of Rs. 3,000/ (250 x 12) upon the CPIO, CCIM. The amount to be paid in 3 equal installments and remit the same to the Central Information Commission by way of a Demand Draft drawn in favour of "PAO, CAT" payable at New Delhi and sent to Shri G. Subramanian, Deputy Registrar, Central Information Commission, Club Building, Old JNU Campus, New Delhi 110067. The first installment of penalty amount should reach the Commission by 15 February 2011 and the last on 15 April 2011.
5. The appeal is accordingly disposed of on the above terms.
(Annapurna Dixit) Information Commissioner Authenticated true copy:
(G. Subramanian) Deputy Registrar Cc:
1. Ms. Meenu Gupta D/o Shri B.P.Gupta C/o Shri Ravindra Jaiswal C 9/294 Habibpura Chetganj Varanasi
2. The PIO Central Council of Indian Medicine 6165 Institutional area Janakpuri New Delhi
3. The Appellate Authority Central Council of Indian Medicine 6165 Institutional area Janakpuri New Delhi
4. Officer in charge, NIC