Central Information Commission
Farhan Ahmad vs National Medical Commission (Nmc) on 30 January, 2024
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमागग, मुननरका
Baba Gangnath Marg, Munirka
नईदिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/NMCOM/A/2023/643542
Shri Farhan Ahmad ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, National Medical Commission ...प्रनतवािीगण /Respondent
Date of Hearing : 30.01.2024
Date of Decision : 30.01.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 02.07.2023
PIO replied on : 31.07.2023
First Appeal filed on : 02.08.2023
First Appellate Order on : 09.08.2023
2 Appeal/complaint received on
nd : 13.09.2023
Information soughtand background of the case:
The Appellant filed an RTI application dated 02.07.2023 seeking information on the following points:-
"1-Kindly provide the certified copy of monthly attendance sheet of Registered Faculty Members, Demonstrators, Tutors, Junior Residents and Senior Residents of Autonomous State Medical College Siddharthnagar Uttar Pradesh, marked twice daily (i.e. with mentioned of time when they come to medical college and when they leave the medical college after work) for the month of October 2022, November 2022, December 2022, January 2023 and February 2023 which was Recorded through National Informatics Center Aadhar Enabled Biometric Attendance System of all above mentioned staff as per NMC Circular dated 1st August 2022, 12th August 2022, 20th August 2022, and 18th October 2022."
The CPIO vide letter dated 31.07.2023 replied as under:-
"In so far as the matter of providing complete data of last 1 month of the above college / attendance of the faculty to the applicant is concerned, please note that the AEBAS, HMIS and CCTV cameras have been installed in the medical colleges/ hospitals at the key points to monitor the attendance, patient load and infrastructure etc. in relation to compliance with the standards laid down by the UGMEB/ PGMEB. The information sought in the said RTI application is a third party as well as personal information and is held in fiduciary relationship. The information sought herein may compromise the security of the medical colleges/hospitals and the personal privacy of the patients and the same are Page 1 of 2 exempted from disclosure of information under Section 8(1)(e), 8(1)(g) and 8(1)(j) of the RTI Act, 2005 and accordingly rejected."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 02.08.2023 which was not adjudicated by the FAA.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Hearing was scheduled after giving prior notice to both the parties.
Appellant: Not present Respondent: Shri K Srinidhi- Under Secry./CPIO was present during the hearing.
Respondent present during hearing stated that response in terms of the provisions of the RTI Act had been duly sent to the Appellant.
Decision:
Perusal of records of the case reveals that the Respondent had duly furnished appropriate response to the Appellant, in terms of provisions of the RTI Act. The Appellant has chosen not to buttress his case. In the given circumstances, no further intervention is deemed necessary in this case, under the RTI Act.
The appeal is 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 2 of 2