Central Information Commission
Dr.Kousthubha Upadhyaya vs Jawaharlal Nehru Bharatiya Chikitsa ... on 24 November, 2008
Central Information Commission
CIC/PB/A/2008/818/AD
Dated November 24, 2008
Name of the Appellant : Dr.Kousthubha Upadhyaya
#10, CGHS Ayurvedic Unit
BCG Lab Quarters
Sardar Patel Road
Guindy, Chennai 600 032
Name of Public Authority : The CPIO
Central Council for Research in
Ayurvedha & Siddha
Jawaharlal Nehru Bharatiya
Chikitsa Evam Homeopathy
Anusandhan Bhawan,
No.61-65 Institutional Area
Opp 'D' Block
Janakpuri, New Delhi 110 058
Background
1. The RTI request was filed on 24.10.07. The Appellant requested the following information:
a) Whether the Project Officer, A.L.Research Centre for Ayurveda, Chennai is an employee of CCRAS?
b) If yes, the details of his appointment and recruitment rules under which Project Officer is appointed in ALRCA
c) If no, whether under Govt. of India rules or under Bye laws of CCRAS a private / honorary officer can enjoy the administrative and financial powers including that of DDO under the Govt. or its subordinate office?
d) What are the compulsions before CCRAS to surrender its powers to the private individuals employed in a Non Government Organization?
e) On whose request the ALRCA was taken over by the CCRAS? What was the interest of CCRAS/CCRIMH in taking over the Unit/Centre?
What was the technical and non-technical staff which was taken over in CCRAS and their qualifications & pay structure vis a vis that of the Recruitment Rules applicable to similar posts at the time of take over? What are the materials, instruments and infrastructure that were handed over by VHS to the CCRIMH / CCRAS at the time of takeover of ALRCA?
The CPIO replied on 26.12.07 providing a major part of the information. The Appellant filed his first appeal on 7.12.07 requesting for the remaining information. The Appellate Authority replied on 8.1.08 that the Council has sent the information vide letter dt.26.12.07. He also stated that ALRCA, Chennai was established during the period of CCRIMH and the records pertaining to establishment of ALRCA are not traceable in the Headquarters office of the Council. The Appellate Authority requested the Appellant to approach ALRCA for inspection of records. The second appeal was filed by the Appellant before the CIC on 8.5.08 in which he stated that he has still to get information against 4(e) of the RTI application. He also stated that he was not shown the concerned file by the Public Authority.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for November 24, 2008.
3. Mr.Lakshmi Kanta Ganguly, CPIO represented the Public Authority.
4. The Appellant, Dr.Kousthubha Upadhyaya was not present during the hearing.
Decision
5. The Respondent submitted that all information had been given earlier and only information pertaining to 4(e) (as admitted by the Appellant in his second appeal to CIC vide letter dated 8.5.08) of the RTI application was left to be supplied and that this information too has been provided to the Appellant vide letter dt.3.6.08. The Respondent exhibited the letter and the information to the Commission. The Respondent stated that since the Appellant has not got back to him after he sent the information, it looks like the Appellant is satisfied with the reply. However, the Respondent added that the Appellant had shifted from Chennai to Jaipur around 8 months ago and that he was really not sure whether the Appellant had received the information or not.
6. The Commission directs the CPIO to send the information against (4e) of the RTI application (sent already vide letter dt.3.6.08), once again to the new address of the Appellant, within 10 days of receipt of this Order.
7. The appeal is disposed off.
(Annapurna Dixit) Information Commissioner Authenticated true copy:
(K.G. Nair) Designated Officer Cc:
1. Dr.Kousthubha Upadhyaya #10, CGHS Ayurvedic Unit BCG Lab Quarters Sardar Patel Road Guindy, Chennai 600 032
2. The CPIO Central Council for Research in Ayurvedha & Siddha Jawaharlal Nehru Bharatiya Chikitsa Evam Homeopathy Anusandhan Bhawan, No.61-65 Institutional Area Opp 'D' Block Janakpuri, New Delhi 110 058
3. The Appellate Authority - RTI Central Council for Research in Ayurvedha & Siddha Jawaharlal Nehru Bharatiya Chikitsa Evam Homeopathy Anusandhan Bhawan, No.61-65 Institutional Area Opp 'D' Block Janakpuri, New Delhi 110 058
4. Officer incharge, NIC
5. Press E Group, CIC