Central Information Commission
Shri.K Padhan vs Indian Council Of Medical Reserch on 20 March, 2012
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Decision No. CIC/SG/A/2012/000324/17827
Appeal No. CIC/SG/A/2012/000324
Relevant Facts emerging from the Appeal:
Appellant : Mr. K. Padhan,
H-82, Sector -- 2,
Rourkela -- 769006, Orissa
Respondent (1) : Dr. P. K. Atul
Public Information Officer & Scientist D NATIONAL INSTITUTE OF MALARIA RESEARCH Sector-8, Dwarka, New Delhi-110077 (2) : PIO Ministry of Health and Family Welfare Nirman Bhawan, New Delhi RTI application filed on : 01/05/2011 PIO replied : 20/12/2011 (transferred) First Appeal : 27/07/2011 First Appellate Authority order : Not mentioned Second Appeal received on : 24/01/2012 Ref: - (i) Letter No. V. 25011/32/2010-HR; dated 30/06/2010 of DI-IR (Copy enclosed). (ii)Letter No.1016; dated 04/02/2010 of OIC, NIMR, Guwahati (Copy enclosed).
SL. Information Sought Reply 1 The facts presented in the letter dt.30.06.2010 of the ministry This pertains to a matter of
showing shortage of manpower in different units of NIMR opinion and does not come including Guwahati and letter dt. 04.02.2010 of the OIC, NIMR within the definition of Guwahatl showing surplus manpower at Guwahati are "information" under RTI Act contradictory to one another, both of which cannot be correct under 2005. any circumstances. Which of the two letters is correct and which one Is wrong in terms of factual position regarding availability of manpower in different units of NIMR including Guwahati? 2 Who is accountable for providing wrong information to the As above.
ministry malafidely which has been forwarded to the ministry to the President's Secretariat and Prime Minister's Office subsequently?
3 Please provide detail information regarding office procedure of the This information may please Ministry of H & FW to deal with the authorities of JCMR/NIMR be sought from Ministry of who have provided wrong information to the Ministry Malafidely. Health & Family Welfare. The CPIO, NIMR may be requested to provide the above Information to Shri K. Padhan under intimation to ICMR. Since the point No. 3 of his RTI application pertains to Mm. of Health & Family Welfare, Shri ).P . Mehta, Director (Hit) may be requested to provide the information to the applicant directly.
Page 1 of 22nd Reply from the CPIO (Dept HR) dtd: 25/10/2011 I am directed to refer to your First Appeal dated 27.07.2011 (received on 04.10.2011) with reference to your application dated 01.05.2011 seeking information under the RTI Act, 2005 regarding shortage of manpower and to say that and to say that your said First Appeal and RTI application dated 01.05.2011 have been forwarded to ICMR with the request that information in this regard may be provided to you direct under intimation to us. Your said RTI application could not be processed as the CPIO has since retired on 30.06.2011 and he could not forward the same to ICMR. Delay in this regard is sincerely regretted. In this regard it may be stated here that the regarding point no. 3 of your said RTI application, it is stated here that there is no specific office procedure in this Department to deal with officials of ICMR for allegedly providing wrong information. The DG, ICMR is competent to take appropriate action against such officials of the Council if the allegation regarding providing wrong information is found to be correct. It is further stated here that there is no malafide or deliberate intention in not providing the information to you within stipulated period.
Grounds for the First Appeal:
RTI application was forwarded after more than one month and information has not been provided. Order of the FAA:
Not mentioned.
Grounds for the Second Appeal:
Information provided is unsatisfactory and has not been provided with stipulated time period.
Relevant Facts emerging during Hearing:
The following were present Appellant: Mr. K. Padhan on telephone no. 08763188734; Respondent: Dr. P. K. Atul, Public Information Officer & Scientist D;
The RTI application was sent by the Appellant to the PIO of Ministry of Health and Family Welfare. The PIO transferred the RTI application after three months to DG, ICMR on 25/10/2011. DG, ICMR also provided no information to the appellant but further transferred it to Director, NIMR on 12/12/2011. PIO, NIMR has sent the information to the Appellant on 20/12/2011.
As regards query-3 PIO of NIMR has stated that the information would be available only with the PIO of Ministry of Health and Family Welfare. The PIO of Ministry of Health and Family Welfare has been very tardy in transferring the RTI application and should have provided the information on point-3 to the Appellant directly. The PIO of Ministry of Health and Family Welfare has stated that the delay was because of the retirement of the existing PIO during this period.
Decision:
The Appeal is allowed.
The PIO, Ministry of Health and Family Welfare is directed to provide the information to the Appellant before 15 April 2012. 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 20 March 2012 (In any correspondence on this decision, mention the complete decision number.)(PRE) Page 2 of 2