Central Information Commission
R. K. Mittal vs Ministry Of Health & Family Welfare on 25 July, 2025
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/MH&FW/A/2024/628737
निकायत संख्या / Complaint No. CIC/MH&FW/C/2024/628757
Shri. R. K. Mittal. ... अपीलकताग/Appellant
...निकायतकताग
/Complainant
VERSUS/बनाम
PIO,
Ministry of Health & Family Welfare. ...प्रनतवािीगण /Respondent
Date of Hearing : 23.07.2025
Date of Decision : 23.07.2025
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 09.05.2024
PIO replied on : 29.05.2024
First Appeal filed on : 29.05.2024
First Appellate Order on : 01.06.2024
2ndAppeal/complaint received on : 10.07.2024
Information soughtand background of the case:
The Appellant/ Complainant filed an RTI application dated 20.05.2024 seeking information on following points:-
"Kindly refer to Public Notice dated 24.1.2024 seeking comments from Kindly provide copy of all public feedback recieved in response including google form report in soft copy to my email address [email protected] Alternatively, you can also provide them in physical form & i am ready to bear all expanses.
Kindly also refer to your letter no C-
21011/45/22/NMC/Coord/025014-16 dated 04.05.2023 where in similar information was denied as NMC feared that I will misuse the same to lobby through print media etc to put pressure on NMC to bring out the final next Regulations in perticular form which may suit to a perticular group I undertake not to go to media with this information as that seems to be precondition of NMC to maintain comfortable levels of NON TRANSPARANCY Page 1 Kindly note that NCISM & NCH expressed no such fear while providing similar information. May be NCISM & NCH do not have habit of working under pressure while NMC has habit to work under various pressures from Modern Medicine Medical Mafia & IMA and therefore fear even legitimate demands being put forth by public as pressure. Non disclosure of information at that stage led to a highly discriminatory NEXT regulations & peoples voice was suffocated leading to huge outcry which made even published next Regulations NULL & VOID & forced you to open the same for further public feedback, ultimately delaying NEXT for almost an year, which may be your ultimate objective.
It is hoped that this time NMC becomes as transparent as NCISM & NCH who had no hesitation in making public comments public even before.."
The CPIO, vide letter dated 29.05.2024 replied as under:-
"Reply:- With respect to your request for providing of details related to feedback on implementation of NeXT, it is informed that the Ministry alongwith other stakeholder designed a google sheet for seeking feedback from all concerned on the aforesaid issue. The google sheet was put on the website of NMC for wide publicity. The input received are placed in google sheet and it has not been compiled & hold by CPIO of Ministry and NMC. It is also informed that the Ministry has constituted a new committee under the Chairmanship of Dr. V.K. Paul. The Committee is in process to consider all facts for making strategies for implementation of NeXT. Further it is also informed that under Section 8(e) & (g) of RTI Act, 2005, the input/comments furnished by individual on a Govt. Policy may be supplied to third party until it is considered by Ministry and final decision is reached."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 29.05.2024. The FAA, Deputy Secretary vide order dated 01.06.2024 replied as under:-
"The appellant, vide letter dated 29.05.2024 bearing Registration No. MOHFW/A/E/24/00266, filed first appeal under RTI Act, 2005 on the grounds "CPIO refused access to information requested".
2.On perusal of records produced before the Appellate Authority, it is found that the CPIO, Medical Education Policy disposed of the RTI application stating that the comments in google sheet have not been compiled and held by the CPIO. Further, CPIO informed that the google sheet may also contain personal details of stakeholders who submitted their responses. Hence, the reply of CPIO appears in order.
3. Therefore, the action of the CPIO, MEP appears as a bonafide and there was no action noticed by the undersigned which indicates that the CPIO has refused to information requested."
Aggrieved and dissatisfied, the Appellant/ Complainant approached the Commission with the instant Second Appeal/Complaint.
Facts emerging in Course of Hearing:
Appellant/Complainant: Not present Respondent: Not present Both the parties remained absent despite due service of hearing notice.
Page 2 Decision:
Since both the aforementioned cases arise out of same RTI Application, they are clubbed together for final hearing and disposal.
At the outset, Commission expresses displeasure over the non-attendance of PIO during the hearing of instant cases. Accordingly, the PIO is hereby directed to file a written explanation justifying the said conduct.
Upon perusal of records and examining the facts of the case at hand, it is noted that the Appellant's queries had been appropriately answered by the concerned PIO. The reply is self- explanatory and information as permissible under the provisions of the RTI Act has been duly supplied to the Appellant. In the given circumstances, no further intervention of the Commission is warranted in this case under the RTI Act. The Second Appeal No. CIC/MH&FW/A/2024/628737 is disposed of, accordingly.
As regards the Complaint No. CIC/MH&FW/C/2024/628757, the Commission observes that prima facie there is no malafide intention of obstructing the information to the Appellant/Complainant, hence no action warranted under section 18 and 20 of the RTI Act. Therefore, the aforementioned Complaint is disposed off, accordingly.
Matters are disposed off accordingly.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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