Central Information Commission
Mr.J B Sharma vs Ministry Of Health And Family Welfare on 30 August, 2010
Central Information Commission
CIC/AD/A/2010/001038
CIC/AD/A/2010/001039
Dated August 30, 2010
Name of the Applicant : Shri J.B.Sharma
Name of the Public Authority : M/o Health & Family Welfare
Background
CIC/AD/A/2010/001038
1. The Applicant filed an RTI application dt.30.3.10 with the CPIO, Ministry of Health & Family Welfare seeking the following information:
i) Copy of letter issued by DHR to DG, ICMR to recover lakhs of rupees from Dr.N.K.Ganguly.
ii) Copy of letter issued by DHR to Secretary, Ministry of Home Affairs for withdrawal of Padma Vibhushan from Dr.N.K.Ganguly being responsible for misuse of public exchequer and abuse of powers for personal gains.
Shri T.S.Negi, CPIO replied on 29.4.10 stating that on examination of the matter it has been found that there was no irregularity in the appointment of Dr.N.K.Ganguly as DG, ICMR. He was appointed by the Ministry in consultation with DoPT and ACC. So there is no question of any irregular payment of salaries to him. Hence there is no need to effect any recoveries from him. Further, since the allegations labeled are not based on facts, the request for withdrawal of Padma Vibhushan from Dr.Ganguly cannot be acceded to. In view of this, Ministry has not written any letter to Ministry of Home Affairs or DG, ICMR.
2. Not satisfied with the reply, the Applicant filed an appeal dt.9.5.10 with the Appellate Authority commenting on the reply provided by the PIO. On not receiving any reply, Applicant filed a second appeal dt.9.6.10 before CIC giving the following grounds.
i) That Dr.N.K.Ganguly had drawn pay and CPF benefits to the tune of approximately Rs.36 lakhs during 12.3.01 to 10.11.07. In support of allowing this huge amount the CPIO has failed to provide copy of order issued to Dr.Ganguly to continue as DG, ICMR on (i) Foreign Service terms from 12.3.01 to 30.11.03 and (ii) as reemployed pensioner from 1.12.03 to 10.11.07
ii) That to draw pay and other benefits without authority amounts to misuse of public exchequer and abuse of powers, for personal gains. Dr.Ganguly has thus brought disrepute to the service.
iii) That lakhs of rupees drawn illegally and unauthorisedly, therefore, deserve to be recovered from Dr.N.K.Ganguly and a report to this effect needs to be sent to the Secretary, Ministry of Home Affairs for necessary action.
CIC/AD/A/2010/001039
2. The Applicant filed a RTI application dt.30.3.10 with the CPIO, Ministry of Health & Family Welfare seeking the following information:
i) Copy of letter sent to Lok Sabha, Rajya Sabha and Chairman, PAC informing that not to speak of approval even proposal to launch IDVC project in 1985 at 13 locations in the country was not received by the ICMR/MoHFW from MRC.
ii) Copy of letter issued to Secretary, Ministry of Home Affairs for withdrawal of Padma Shree and Padma Vibhushan from Dr.V.P.Sharma and Dr.N.K.Ganguly.
iii) Copy of letter issued to DG, ICMR to initiate disciplinary proceedings against ICMR Scientists.
Shri T.S.Negi, CPIO replied on 19.5.10 stating that replies in the matter had already been sent vide letter dt.29.4.10 and 5.5.10.
Not satisfied with the reply, Applicant filed an appeal dt.26.5.10 with the Appellate Authority. On not receiving any reply, the Applicant filed a second appeal dt.9.6.10 before CIC giving the following grounds for his appeal:
i) That the ICMR and M/o Health & Family Welfare have incurred approximately Rs.100 crores in the name of MRC Field Station, Nadiad, Gujarat and at 12 other locations in the country since 1985.
ii) That the ICMR & M/o Health & Family Welfare have failed to provide copy of order of approval and continuation of MRC Field Station, Nadiad and 12 other locations beyond 1984 inspite of specifically directed to do so by the Hon'ble Commission in its order dt.10.11.09 in Appeal No.CIC/AD/A/2009/001407.
iii) That the matter raised in Lok Sabha and Rajya Sabha 'ICMR Scientists conceal facts, cause loss of crores' in 2000 stands proved in the absence of documents referred to in CIC Order dt.10.11.09
iv) That the ICMR Scientists responsible to allow loss of approximately Rs.100/ crores to the public exchequer, deserves severe punishment including dismissal from service and withdrawal of Padma Shree and Padma Vibhushan.
3. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for August 30, 2010.
4. Shri J.P.Mehta, PIO & Deputy Secretary and Shri Mohd. Saleem, Under Secretary represented the Public Authority.
5. The Appellant was present during the hearing.
Decision
6. The Respondent submitted that he had only recently joined as the PIO and that he requires some time to go though the files one more time to check whether information is available or not in both cases mentioned hereinabove. The Commission accordingly directs the PIO to provide the information if available and for information not available, to provide an affidavit to the Commission with a copy to the Appellant affirming the non -availability of the information and giving reasons for the same.
7. The Commission directs the PIO to provide the information/affidavit by 30.9.10 and the Appellant to submit a compliance report to the Commission by 6.10.10.
8. The appeals are disposed of with the above directions.
(Annapurna Dixit) Information Commissioner Authenticated true copy:
(G.Subramanian) Deputy Registrar Cc:
1. Shri J.B.Sharma Maya Bhawan H961, Palam Extension Sector7, Dwarka New Delhi 110 077
2. The PIO Ministry of Health & Family Welfare Department of Health & Family Welfare Nirman Bhawan New Delhi
3. The Appellate Authority Ministry of Health & Family Welfare Department of Health & Family Welfare Nirman Bhawan New Delhi
4. Officer incharge, NIC