Central Information Commission
Nitish Kumar vs Ministry Of Health & Family Welfare on 28 April, 2026
के ीय सू चना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/MH&FW/A/2025/610788
Nitish Kumar .....अपीलकता/Appellant
VERSUS
बनाम
CPIO
Ministry of Health and Family
Welfare MEP Section, Nirman
Bhawan, Maulana Azad Rd,
Rajpath Area, Central
Secretariat, New Delhi 110001 .... ितवादीगण /Respondent
Date of Hearing : 27.04.2026
Date of Decision : 28.04.2026
INFORMATION COMMISSIONER : Jaya Varma Sinha
Relevant facts emerging from appeal:
RTI application filed on : 03.10.2024
CPIO replied on : 04.11.2024
First appeal filed on : 04.11.2024
First Appellate Authority's order : 04.12.2024
2nd Appeal dated : 04.03.2025
Information sought:
1. The Appellant filed an RTI application dated 03.10.2024(online) seeking the following information:
"1. Kindly provide any communication (email, letters or any other available media of correspondence) that MOHFW had with NMC regarding any or all matters related to College of Physicians and Surgeons, Mumbai in last month, CIC/MH&FW/A/2025/610788 Page 1 of 4 that is from 01.09.2024 till 31.10.2024(or till date of replying to this RTI, whichever is later)
2. Kindly provide any communication (email, letters or any other available media of correspondence) that MOHFW had with NBE regarding any or all matters related to College of Physicians and Surgeons, Mumbai in last month, that is from 01.09.2024 till 31.10.2024(or till date of replying to this RTI, whichever is later)
3. Kindly provide any communication(email, letters or any other available media of correspondence) that MOHFW had with DGHS regarding any or all matters related to College of Physicians and Surgeons, Mumbai in last month, that is from 01.09.2024 till 31.10.2024(or till date of replying to this RTI, whichever is later)
4. Kindly provide any communication (email, letters or any other available media of correspondence) that MOHFW had with CPS, MUMBAI regarding any or all matters related to College of Physicians and Surgeons, Mumbai in last month, that is from 01.09.2024 till 31.10.2024(or till date of replying to this RTI, whichever is later)
5. Is MOHFW or any of its representative is a member of the committee constituted by MOHFW dated 3rd April 2023 for matters related to CPS Mumbai?
6. Kindly provide a copy of the report/draft of the said committee available with MOHFW that was constituted last year on 3rd April, 2023 under chairmanship of DGHS himself.
7. Kindly provide copy of all minutes of meetings/record of discussions MOHFW had with matter related to CPS, MUMBAI in 2024."
2. The CPIO furnished a reply to the Appellant on 04.11.2024 stating as under:
"Point no:1-4&7: Information sought is not specific. Point no.5: Copy of the order of composition of committee is enclosed. Point no.6: Not available."
3. Being dissatisfied, the Appellant filed a First Appeal dated 04.11.2024. The FAA vide its order dated 04.12.2024, held as under:
"On perusal of records produced before the Appellate Authority, it is found that information provided vide letter dated 04.11.2024 (copy attached) to the applicant is true and correct. As applicant was seeking information on 7 points in his RTI application, for point 1-4 and point 7, information sought by the CIC/MH&FW/A/2025/610788 Page 2 of 4 applicant was not specific. Further, information in respect of point 5& 6 was furnished to the applicant by the CPIO.
Since, the action of the CPIO, MEP appears as a bonafide and there was no action noticed by the undersigned which indicates that the CPIO refused access to Information requested.
Accordingly, first appeal dated 04.11.2024 stands disposed off."
4. Feeling aggrieved and dissatisfied, Appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Absent.
Respondent: Shri Ranjan Doley, Under Secretary, attended the hearing in person.
5. The Appellant did not participate in the hearing.
6. It is pertinent to mention that the Bench waited for some time to proceed with the instant hearing since NIC Thane (VC center allotted to the Appellant) was busy with some other Bench of the Commission and the Commission cannot decide the case ex-parte without providing any fair opportunities to the parties to present their case. The Respondent present in the hearing in a discourteous manner informed the Bench to take up his case as early as possible and used argumentative behavior with the Bench.
7. The Respondent submitted that the information sought by the Appellant in the instant RTI Application was not specific and accordingly a suitable reply has been given to the Appellant vide letter dated 04.11.2024.
Decision:
8. The Commission after adverting to the facts and circumstances of the case and perusal of the records, observes that a suitable reply has been given to the Appellant vide letter dated 04.11.2024. Hence, no intervention of the Commission is required in the instant case.
9. Be that as it may, the conduct of the Respondent during the hearing did not conform to the standards expected of a responsible officer appearing CIC/MH&FW/A/2025/610788 Page 3 of 4 before a quasi-judicial authority. The RTI Act casts a statutory duty upon the CPIO to act fairly, diligently, and in accordance with law. Any departure from these standards--such as argumentative behavior, disregard for directions of the authority, or lack of professional courtesy-- undermines the sanctity of the proceedings and may amount to obstruction of justice. Therefore, Shri Ranjan Doley, Under Secretary, is cautioned to maintain proper decorum and respectful conduct in all future hearings and avoid any conduct that may be perceived as contemptuous, dismissive, or obstructive. Any recurrence of such conduct will be viewed seriously and may invite disciplinary action under the applicable service rules, in addition to penalties under Section 20 of the RTI Act, 2005, where relevant.
The appeal is disposed of accordingly.
Jaya Varma Sinha (जया वमा िस ा) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स ािपत ित) (Ashutosh Vasistha) Dy. Registrar 011- 26107042 Copy To:
The FAA, Ministry of Health and Family Welfare MEP Section, Nirman Bhawan, Maulana Azad Rd, Rajpath Area, Central Secretariat, New Delhi 110001 CIC/MH&FW/A/2025/610788 Page 4 of 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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