Central Information Commission
Mr.Dr Anand Vishal vs Ministry Of Health And Family Welfare on 29 August, 2011
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/AD/C/2011/000606/SG/14352
Complaint No. CIC/AD/C/2011/000606/SG
Complainant : Dr. Anand Vishal
S/o Mr. Gopaljee (Advocate)
Guljar Pokhar, Near Excise
Godown, P.O & Dist: Munger
Bihar-811201
Respondent : Public Information Officer
O/o the Secretary
Medical Council of India
Pocket-14, Sector-8
Phase-I, Dwarka,
New Delhi-110077
Facts arising from the Complaint:
Dr. Anand Vishal had filed a RTI application with the Respondent PIO on 10/12/2010 asking for certain information. However on not having received the information within the mandated time, the Complainant filed a complaint under Section 18 of the RTI Act with the Commission. On this basis, the Commission issued a notice inadvertently to the PIO, Ministry of Health and Family Welfare, GOI, New Delhi on 11/07/2011 with a direction to provide the information to the Complainant and further sought an explanation for not furnishing the information within the mandated time.
The Commission has received a letter dated 22/07/2011 from the CPIO/Deputy Secretary, Ministry of Family Welfare& Health stating that the Commission's notice has been served to the Respondent PIO for necessary action as the RTI Application was filed with the Respondent. However, the Commission has neither received a copy of the information sent to the Complainant, nor has it received any explanation from the PIO for not supplying the information to the Complainant. Therefore, the only presumption that can be made is that the PIO has deliberately and without any reasonable cause refused to give information as per the provisions of the RTI Act. Failure on the part of the PIO to respond to the Commission's notice shows that there is no reasonable cause for the refusal of information.
Decision:
The Complaint is allowed.
In view of the aforesaid, the PIO is hereby directed to provide the complete information in regard to the RTI Application dated 20/10/2010 to the Complainant before 20/09/2011 with a copy to the Commission. From the facts before the Commission, it appears that you have not provided the correct and complete information within the mandated time and has failed to comply with the provisions of the RTI Act. The delay and inaction on the PIO's part in providing the information amounts to willful disobedience of the Commission's direction as well and also raises a reasonable doubt that the denial of information may be malafide.
The PIO is hereby directed to send his written submissions to the Commission before 25/09/2011 to show cause why penalty should not be imposed and disciplinary action be not recommended against him under Section 20 (1) and (2) of the RTI Act. If the information has already been supplied to the complainant, send a copy of the same to the Commission with your written submissions, and also copy of proof of seeking assistance from other person(s), if any.
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, 2005.
Shailesh Gandhi Information Commissioner 29 August 2011 Encl: RTI Application dated 10/12/2010 CC: Central Public Information Officer Deputy Secretary to GOI Ministry of Health & Family Welfare CGO Complex, Nirman Bhawan New Delhi (In any correspondence on this decision, mention the complete decision number.)(SP)