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Central Information Commission

Mr.S P Bhatnagar vs Government Of Nct Of Delhi on 4 January, 2011

                        CENTRAL INFORMATION COMMISSION
                            Club Building (Near Post Office)
                          Old JNU Campus, New Delhi - 110067
                                 Tel: +91-11-26161796

                                                            Decision No. CIC/SG/A/2010/003240/10762
                                                                    Appeal No. CIC/SG/A/2010/003240
Relevant Facts emerging from the Appeal

Appellant                            :      Hkm. S.P. Bhatnagar
                                            1261- Janta Flats,
                                            GTB Enclave,
                                            Delhi- 110093

Respondent                           :      Dr. Farhat Umar

Registrar & PIO, Delhi Bhartiya Chikitsa Parishad, Dept. of H&FW, (Govt. of NCT of Delhi), CSC-III, 1st floor, DDA Market, B-Block, Preet Vihar, Delhi-110092 RTI application filed on : 15/07/2010 PIO replied : 16/08/2010 First appeal filed on : 15/09/2010 First Appellate Authority order : 20/10/2010 Second Appeal received on : 19/11/2010 Information Sought:

The appellant has sought information on 5 points:
1. how many quacks have been raided by the anti-quackery committee of DBCP during 2008, 2009, 2010 till date? Provide a list of such quacks which were raided with the addresses of their clinics where the raid was conducted (area-wise) along with the dates on which raids were conducted. What action has been taken against all of them?
2. was any 'Pick & Choose' policy followed during these raids?
3. what is the proportion of raided and non-raided clinics of quacks (area-wise)?
4. last year 'Search & Cleaning' operation was conducted by DBCP. How many clinics of quacks were raided during the said operation?
5. how many of them have been raided once again in this year? How many of them were found continuing their medical practice? Particulars of such quacks who were found practicing even after the first raid?

Reply of the PIO:

Status report regarding status of quackery complaints is provided. The details of the status of complaints inspected on dated 15/06/2010 and 8/07/2010 are provided. The details of court cases filed by the parishad are enclosed. No 'pick & choose' policy is being followed by the parishad during inspection. No 'search & clean' operation was conducted by DBCP.
However 70 cases are pending in the court. Detailed list with dates will be provided later on.
First Appeal:
1. no list of quacks (whose clinics were raided) has been supplied.
2. 'pick & choose' policy was followed during this raid which is wrongly denied by PIO.
3. proportion of raided and non-raided clinics of quacks has not been supplied.
4. 'search and cleaning operation was conducted by DBCP but was wrongly denied by PIO.
5. no information regarding query no. 5 has been given.

Order of the FAA:

PIO has provided required information to the applicant.
Ground of the Second Appeal:
Incomplete, incorrect, & unsatisfactory information provided by the PIO.
Relevant Facts emerging during Hearing:
The following were present:
Appellant : Hkm. S.P. Bhatnagar;
Respondent : Dr. Farhat Umar, Registrar & PIO;
The PIO has provided the information to the Appellant but is now directed to provide the following additional information:
1- Query-01: Address of clinics where inspection was carried out for checking whether quacks are practicing there.
The PIO is directed to give the information to the Appellant that whether any raids are conducted.
Decision:
The Appeal is allowed.
The PIO is directed to give the information to the Appellant as directed above to the Appellant before 20 January 2011.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties. Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi Information Commissioner 04 January 2011 (In any correspondence on this decision, mention the complete decision number.) (ST)