Central Information Commission
Smt.Manju Baidya vs Ministry Of Health And Family Welfare on 24 November, 2011
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No: CIC/SG/C/2011/001029/15922
Complaint No: CIC/SG/C/2011/001029
Complainant : Smt. Manju Baidya
Nursing Sister
G-28, Sector 4, DIZ Area
New Delhi
Respondent : Public Information Officer
Lady Hardinge Medical College &
Smt. Sucheta Kripalani Hospital
Ministry of Health and Family
Welfare, DGHS
New Delhi-110001
Facts arising from the Complaint:
The Complainant had filed a RTI application with the PIO, LHMC & SK Hospital, DGHS on 12/10/2009 asking for certain information. However on not having received the information within the mandated time, the Complainant filed a complaint under Section 18 of the RTI Act with the Commission. On this basis, the Commission issued a notice to the PIO, DGHS on 08/09/2011 with a direction to provide the information to the Complainant and further sought an explanation for not furnishing the information within the mandated time.
Subsequently the Commission received a letter dated 08/11/2011 from the Director and First Appellate Authority, LHMC & SK Hospital, DGHS wherein he submitted that the letter was received in the RTI Cell of Ministry of Health and Family Welfare on 13/10/2011 and for this reason the department could not provide the information to the Complainant by 03/10/2011 (date given by the Commission to provide the information). Further it has been stated that they require 15 days of extension for proving the information to the Complainant. However, the Commission has neither received a copy of the information sent to the Complainant, nor has it received any explanation from the PIO for not supplying the information to the Complainant till date. Therefore, the only presumption that can be made is that the PIO has deliberately and without any reasonable cause refused to give information as per the provisions of the RTI Act. Failure on the part of the PIO to respond to the Commission's notice shows that there is no reasonable cause for the refusal of information.
Decision:
The Complaint is allowed.
In view of the aforesaid, the Respondent is hereby directed to provide the complete information in regard to the RTI Application dated 12/10/2009 to the Complainant before 20/12/2011 with a copy to the Commission. From the facts before the Commission, it appears that you have not provided the correct and complete information within the mandated time and have failed to comply with the provisions of the RTI Act. The delay and inaction on the PIO's part in providing the information amounts to willful disobedience of the Commission's direction.
The PIO is hereby directed to send his written submissions to the Commission before 26/12/2011 to show cause why penalty should not be imposed and disciplinary action be not recommended against him under Section 20 (1) and (2) of the RTI Act. If the information has already been supplied to the complainant, send a copy of the same to the Commission with your written submissions, and also copy of proof of seeking assistance from other person(s), if any.
Notice of this decision be given free of cost to the parties. Any information in compliance with this order will be provided free of cost as per section 7(6) of RTI, Act, 2005.
Shailesh Gandhi Information Commissioner 24 November 2011 Encl: RTI Application dated 16/05/2011.
CC: Director/First Appellate Authority Lady Hardinge Medical College & Smt. Sucheta Kripalani Hospital Ministry of Health and Family Welfare, DGHS New Delhi-110001 (In any correspondence on this decision, mention the complete decision number.)(IN)