Sami Shah vs Health & Medical Education Department ... on 14 August, 2024

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Central Information Commission

Sami Shah vs Health & Medical Education Department ... on 14 August, 2024

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/HMEJK/A/2023/628885

Shri Sami Shah                                                  ... अपीलकताग/Appellant
                                   VERSUS/बनाम

CPIO, Health & Medical Education Department                  ...प्रनतवािीगण /Respondent
UT of J & K

Date of Hearing                         :   12.08.2024
Date of Decision                        :   12.08.2024
Chief Information Commissioner          :   Shri Heeralal Samariya

Relevant facts emerging from appeal:
RTI application filed on          :         07.01.2023
PIO replied on                    :         23.01.2023
First Appeal filed on             :         26.04.2023
First Appellate Order on          :          - -
2 Appeal/complaint admitted on
 nd                               :         13.06.2023

Information sought

and background of the case:

The Appellant filed an RTI application dated 07.01.2023 seeking information on following points:-

1. "Total number of NMC registered and recognised Govt. Medical Colleges as on date in JK-UT irrespective of functional operation.

2. Total number of NMC registered and recognised Private Medical Colleges as on date if any in JK-UT irrespective of functional operation

3. Vital Details in strict accordance to a tabular format.

4. Please provide separately the number of Qualitative and Quantitative estimations examinations made by JK Forensic Science Laboratory in respect to the forwarding and submission of viscera following post mortems conducted by the Departments of Forensic Medicine

5. Please specify the nature of all the deaths whether, xx/suicidal accidental not determinable etc in cases of above sand post-mortems conducted by the Departments of Forensic Medicine in ascertaining poisoning/drug overdose or of others nature."

The CPIO, Health & Medical Education Department UT of J & K vide letter dated 23.01.2023 replied as under:-

Page 1 of 3

"In this connection, it is submitted that the RTI application fee should be Rs.10 and should be in favour of the Account Officer of the Health & Medical Education Department as per Rule 3 of Central Government RTI Rule, 2005 which reads as, "a request for obtaining information under Sub-Section (1) of Section 6 shall be accompanied by an application fee of rupees ten only by way of cash against proper receipt or by demand draft or bankers cheque or Indian postal Order payable to the Accounts officer of the Public authority".

In the present case, you have submitted an application under RTI Act, 2005 along with the IPO amounting to Rs. 10/- addressed to Public Information Officer. It is in place to mention here that presently Director Finance, Health & Medical Education Department is the DDO/Accounts Officer of the Administrative Department.

In view of the above, you are accordingly advised to deposit RTI application fee of Rs. 10/- in any of the accepted mode of payment in favour of Director Finance, Health & Medical Education Department as per Rule 3 of RTI Act, 2005, before the information is provided to you, under the provisions of RTI Act, 2005. Indian postal Order (IPO) amounting to Rs.10/- along with the application in original is hereby returned."

Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 26.04.2023 which was not adjudicated by the FAA as per available records.

Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.

Facts emerging in Course of Hearing:

Appellant: Present Respondent: Shri Waqar Talib, CPIO The Appellant stated that no information was provided to him despite submitting the RTI fees in the manner as directed by the CPIO.

Shri Waqar Talib stated that he was appointed as the CPIO after the filing of the Second Appeal and was not aware of the background of this matter.

Decision:

Keeping in view the facts of the case and the submissions made by both the parties, the Commission finds that the Appellant is seeking large and voluminous data providing which would require collation and compilation of records which is not permissible as per the RTI Act, 2005 since as per the provisions of the Act the CPIO is only required to provide the information in the format in which it is held by him/ her. Hence, no further intervention of the Commission is required in the matter.

Page 2 of 3

The instant Second Appeal stands disposed off as such.

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 of 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-

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