Central Information Commission
Kumari Subha vs Ministry Of Health & Family Welfare on 8 September, 2017
CENTRAL INFORMATION COMMISSION
August Kranti Bhawan, Bhikaji Cama Place,
New Delhi-110066
F. No.CIC/YA/YA/C/2016/00150
Date of Hearing : 31.07.2017
Date of Decision : 01.09.2017
Appellant/Complainant : Kumari Subha
Respondent : Public Information Officer under
RTI, Department of Health &
Family Welfare (Government of
NCT of Delhi).
Through:
Shri Vipin Tomar, DoH&FW
Information Commissioner : Shri Yashovardhan Azad
Relevant facts emerging from appeal:
RTI application filed on : 20.12.2015
PIO replied on : 18.02.2016
First Appeal filed on : 05.02.2016
First Appellate Order on : -
2nd Appeal/complaint received on : 03.05.2016
Information soughtand background of the case:
Vide RTI application dated 18.04.2016 the complainant sought information regarding the appointment of medical officers taken on purely contractual basis in NCT Delhi in 2008 for which exam was conducted on 30.03.2008 in Maulana Azad Medical College (MAMC). CPIO, Superintendent HR Medical, Health & Family Welfare, vide letter dated 18.02.2016 stated that the no such information is available in the HR-Medical Branch, the same may be obtained from MAMC. RTI application was transferred to the PIO Maulana Azad Medical College dated 19.02.2016. Further, the PIO, MAMC transferred RTI application back to the PIO, Health & Family Welfare stated that full information sought by the pertains to your office/department. Having not received any information from the CPIO/SPIO, the complainant filed first appeal. The FAA did not adjudicate in the matter. Feeling aggrieved as neither the CPIOs nor the FAA furnished the information, the complainant approached the Commission.
Relevant facts emerging during hearing:
Complainant is absent despite notice. The PIO, Dept. of Health & FW states that the RTI application was transferred to Maulana Azad Medical College as the information sought pertained to examination conducted by MAMC against contractual posts offered by DoH&FW. However, as evident from record, MAMC held records as not traceable. The stand taken by MAMC is that the recruitment records were sent to DoH& FW, GNCTD after conclusion of recruitment process, whereas the respondent present on behalf of DoH&FW refutes the same. He states that only list of selected candidates was furnished to the DoH&FW. He states that the contractual recruitment was conducted in year 2008 and the RTI application was filed in year 2015. He states that as per the record retention scheduled, records are kept for only 3 years for contractual positions.
The PIO, MAMC is absent despite notice. The complainant is not present to canvass her case.
Decision:
After hearing the respondent present and perusal of record, the Commission accepts the submission made by respondent. No ground for interference u/s 18 of the RTI Act is warranted. However, had the factual position w.r.t. non availability of recruitment records due to weeding out brought to the notice of Complainant in the first instance, wastage of much precious time could have been avoided.
The Complaint is disposed of.
(Yashovardhan Azad) Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(R.P.Grover) Designated Officer Copy to:-