Central Information Commission
Sarangabany S vs Ut Of Puducherry on 26 May, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File Nos. : CIC/UTPON/A/2024/605098
CIC/UTPON/A/2024/104382
Sarangabany S .....अपीलकता/Appellant
VERSUS
बनाम
PIO,
Directorate of Health & Family
Welfare Services, Main Block,
Old Maternity Hospital
Complex, Victor Simonel St,
Puducherry - 605001 .... ितवादीगण /Respondent
Date of Hearing : 22.05.2025
Date of Decision : 23.05.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
The above-mentioned second appeals are clubbed together as the Appellant
is common and subject-matter is similar in nature and hence are being
disposed of through a common order.
CIC/UTPON/A/2024/605098
Relevant facts emerging from appeal:
RTI application filed on : 27.09.2023
CPIO replied on : 20.10.2023
First appeal filed on : 25.11.2023
Page 1 of 6
First Appellate Authority's order : 10.01.2024
2nd Appeal/Complaint dated : 06.02.2024
Information sought:
1. The Appellant filed an RTI application dated 27.09.2023 (offline) seeking the following information:
"I enclosed herewith a copy of the letter dated 18.07.2020 addressed to you, signed by my son also.
Now I am is need of a copy of signed letter of the students alongwith enclosures and a copy of the action letter of the Govt. on the said letter."
2. The CPIO furnished a reply to the Appellant on 20.10.2023 stating as under:
"Kindly refer to your RTI application. The representation dated 21.07.2020 received by this Secretariat has been forwarded to the Secretary (Health), Puducherry vide Acknowledgement Regn. Code no. Pu01/Pu01/LGP/24322/20, dt. 12.08.2020 generated through the Grievances Redressal Software system for taking appropriate action. The copy of the acknowledgement is supplied at free of cost. The first 3 pages of the representation only available in Grievances Redressal Software System and that may be obtained from this office by payment of Rs.6/- (Rupees Six only) @ Rs.2/-per page.
However, your RTI application is forwarded in terms of Sec. 6(3) of RTI Act, 2005 to the PIO, O/o the Secretary to Government (Health), Puducherry and O/o the Director, Department of Health and Family Welfare, Puducherry for furnishing information as may be required under RTI Act, 2005."
3. Being dissatisfied, the appellant filed a First Appeal dated 25.11.2023. The FAA vide its order dated 10.01.2024, held as under:
"The appellant has filed an application seeking information in Form-I under RTI Act, 2005 with the Superintendent-cum-PIO, Lt. Governor's Secretariat, Puducherry on 29.12.2023. The Hon'ble Lt. Governor's Secretariat, Puducherry has supplied a partial information vide Reply letter No.LGS/RTI(109-23)/2023, dated 20.10.2023. Further, the Hon'ble Lt. Governor's Secretariat, Puduhcerry has forwarded the RTI application to the O/o. the Secretary to Government Page 2 of 6 (Health), Puducherry and O/o. the Director, Department of Health and Family Welfare, Puducherry for furnishing information in terms of Sec.6(3) of RTI, Act, 2005. vide letter dated 20.10.2023. The contention of the appellant is that the information has not been supplied by PIO's. Therefore, he has filed an appeal before the FAA of the Health Secretariat.
The case was taken up by the FAA. On perusal of applications and reply furnished by the Superintendent-cum-PIO, Lt. Governor's Secretariat, Puducherry, the following points have been observed
1. The Appellant was provided with the copy of the signed letter dated 22.07.2020 of the CENTAC PG students 2020-2021 along with enclosures by the PIO-Lt. Governor's Secretariat, Puducherry.
2. The Appellant has sought for the action taken particulars in connection with the above letter.
With the above, it is stated two show cause notice dated 06.08.2020 &
04.09.2020 (2 pages) was issued to concerned medical institution. The copy of the same is enclosed with this order."
4. Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
CIC/UTPON/A/2024/104382 Relevant facts emerging from appeal:
RTI application filed on : 27.09.2023 CPIO replied on : Not on record First appeal filed on : 25.11.2023
First Appellate Authority's order : 10.01.2024 2nd Appeal/Complaint dated : 06.02.2024 Information sought:
5. The Appellant filed an RTI application dated 27.09.2023 (offline) seeking the following information:
"I enclosed herewith a copy of the letter dated 18.07.2020 addressed to you, signed by my son also.
Now I am is need of a copy of signed letter of the students alongwith enclosures and a copy of the action letter of the Govt. on the said letter."Page 3 of 6
6. Not having received any response from the CPIO, the appellant filed a First Appeal dated 25.11.2023. The FAA vide its order dated 10.01.2024, held as under:
"The appellant has filed an application seeking information in Form-1 under RTI Act, 2005 with the Superintendent-cum-PIO, Lt. Governor's Secretariat, Puducherry on 29.12.2023. The Hon'ble Lt. Governor's Secretariat, Puducherry has supplied a partial information vide Reply letter No.LGS/RTI(109-23)/2023, dated 20.10.2023. Further, the Hon'ble Lt. Governor's Secretariat, Puduhcerry has forwarded the RTI application to the O/o. the Secretary to Government (Health), Puducherry and O/o. the Director, Department of Health and Family Welfare, Puducherry for furnishing information in terms of Sec.6(3) of RTI, Act, 2005. vide letter dated 20.10.2023. The contention of the appellant is that the information has not been supplied by PIO's. Therefore, he has filed an appeal before the FAA of the Health Secretariat.
The case was taken up by the FAA. On perusal of applications and reply furnished by the Superintendent-cum-PIO, Lt. Governor's Secretariat, Puducherry, the following points have been observed
1. The Appellant was provided with the copy of the signed letter dated 22.07.2020 of the CENTAC PG students 2020-2021 along with enclosures by the PIO-Lt. Governor's Secretariat, Puducherry.
2. The Appellant has sought for the action taken particulars in connection with the above letter.
With the above, it is stated two show cause notice dated 06.08.2020 & 04.09.2020 (2 pages) was issued to concerned medical institution. The copy of the same is enclosed with this order."
7. Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Present through Video-Conference. Respondent: Ms. Sugandhi, Superintendent & PIO present through Video- Conference.
8. The Appellant, during the hearing, reiterated the contents of his above-
mentioned RTI applications and instant appeals and submitted that he is Page 4 of 6 not satisfied with the response given by the PIO. Upon being queried by the Commission, the Appellant stated that he has not served copy of his second appeals to the Respondent.
9. The Respondent while defending their case inter alia submitted that factual position in the matter/information as per the documents available on their record has been provided to the Appellant. Upon being queried by the Commission, the Respondent stated that action taken on the show- cause notices issued to the College is not available in their records, as the relevant file in not traceable in their office.
10. The Commission inquired as to whether any FIR was lodged, or departmental inquiry was conducted for the missing file, the Respondent responded negatively. She stated that on 15.05.2025, she came to know about the present case, and she joined as PIO in June 2024.
Decision:
11. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, observes that the Appellant is aggrieved that complete and correct information has not been provided to him by the Respondent. On the other hand, the Respondent has taken a defense that the relevant file is not available in their records. In this regard, the Respondent neither lodged an FIR nor conducted departmental inquiry related to missing file. The Commission expressed surprise that a file in which show-cause notice was issued to a private medical college for misconduct has gone missing and Respondents are not at all worried or concerned about the same.
12. In view of the above facts and circumstances, the Respondent is directed to make thorough search of their records to trace the relevant file related to the information sought in the above-mentioned RTI applications and provide updated reply/information to the Appellant including action taken by the Public Authority on the show-cause notice issued to the College. If the relevant file is not traceable, then the Respondent is directed to lodge an FIR in this regard and share copy of the same with the Appellant, failing which to show-cause within this period as to why maximum penalty should not be imposed under the RTI Act.
Page 5 of 613. The FAA is directed to ensure compliance of this order.
The above-mentioned second appeals are disposed of accordingly.
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स!ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA, Directorate of Health & Family Welfare Services, Main Block, Old Maternity Hospital Complex, Victor Simonel St, Puducherry - 605001 Page 6 of 6 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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