Central Information Commission
Arvind Mishra vs National Medical Commission (Nmc) on 17 October, 2024
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/NMCOM/A/2023/135818
Shri ARVIND MISHRA ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
National Medical Commission (NMC)
Date of Hearing : 27.09.2024
Date of Decision : 14.10.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 31.01.2023
PIO replied on : 24.02.2023
First Appeal filed on : 13.03.2023
First Appellate Order on : 18.05.2023
2 Appeal/complaint received on
nd : 18.08.2023
Information soughtand background of the case:
The Appellant filed an RTI application dated 31.01.2023 seeking information on following points:-
"1.ALL DOCUMENTS PERTAINING TO APPEAL FILED BY ARVIND MISHRA ON 21/01/2019 AGAINST THE ORDER OF MP MEDICAL COUNCIL DT, 22/11/2018 APPEAL NO.121/2019.
2. COPIES OF THE ALL NOTE SHEETS AND MINIUTES OF THE MEETING PERTAINING TO APPEAL NO 121/2019.
3.REGULATION ABOUT THE PRESENCE OF MINIMUM NUMBERS OF ETHICS COMMITTEE MEMBERS REQUIRED TO CONDUCT THE EHICAL COMMITTEE METTING OR QUORUM.
4.LIST OF ATTENDEES OF THE ETHICAL COMITTEE HELD ON 11/12/2019 PERTAINING TO APPEAL NO 121/2019 AND THEIR PROOF OF ATTENDENCDE,
5. LIST OF COMMITTEE MEMBERS PRESENT ON 11/12/2019. 6, COPY OF THE STATEMENTS RECORDED BY THE COMMITTEE IN APPEAL NO 121/2019 ON 11/12/2019.
7. COPY OF THE STATEMENTS OF DR T P SAHOO, DR PRADEEP KOLEKAR, DR KRISNA VALLABH PANDYA, DR VAIBHAV SONWANI RECORDED BY COMMITTEE ON 11/12/2019.
8. COPY OF THE APPEAL FILED BY DRTP SAHOO DT 28/12/2018 APPEAL NO 114/2018.
9. COPY OF THE PROCEEDINGS OF THE ETHICAL COMMITTEE METTING DT 10/02/2020, Page 1
10. And other related information."
The CPIO vide letter dated 24.02.2023 replied as under:-
1. "For obtaining a copy of the appeal dated 21.01.2019 against the order of MP Medical Council dated 22.11.2018 you are requested to deposit Rs.26/- (13 pages @ Rs.2 per page) through IPO in favour of Accounts Officer, National Medical Commission or any other valid instrument viz Demand Draft or Online or Cash against proper receipt to obtain any information under the RTI Act, 2005.
2. For obtaining copies of the all Note Sheets and Proceedings pertaining to Appeal No.121/2019, you are requested to deposit Rs. 24/- (12) pages @ Rs.2 per page) through IPO in favour of Accounts Officer, National Medical Commission or any other valid instrument viz Demand Draft or Online or Cash against proper receipt to obtain any information under the RTI Act, 2005.
3. Your RTI application has already been transferred to Section Officer & CPIO (Estt.) under Section 6(3) of the RTI Act, 2005 for providing the available information directly to you.
4. A list of attendees sought by you is not available in compiled form separately and a CPIO is not supposed to create information.
5. List of Committee Members is not mentioned in proceedings of 9th, 10th & 11th Dec. 2019.
6. & 7. No such statements could be found in the files of appeals.
8. To obtain a copy appeal filed by Dr. T.P. Sahoo [excluding documents exempted from disclosure under Section 8(1)) of the RTI Act, 2005], you are requested to deposit Rs. 136/- (68 pages @ Rs.2 per page) through IPO in favour of Accounts Officer, National Medical Commission or any other valid instrument viz Demand Draft or Online or Cash against proper receipt.
9. Refer to reply of point no. 2 of your RTI application. Also operative part of the proceedings is mentioned in order dated 03.03.2020. To obtain a copy of the order & its corrigendum, you are requested to deposit Rs.
16/- (8 pages @ Rs.2 per page) through IPO in favour of Accounts Officer, National Medical Commission or any other valid instrument viz Demand Draft or Online or Cash against proper receipt.
10.Etc."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 13.03.2023. The FAA vide order dated 18.05.2023 stated as under:-
"2. It is seen that a reply has already been furnished to you by the CPIO vide letter No.R-21024/01/2023- Ethics/008210 dated 24.02.2023 as per available records/documents in the Section on the matter. Subsequently, requisite documents as desired were furnished by Ethics Section vide letter No.21024/01/2023/019052 dated 13.4.2023 (copy enclosed). Hence, there is no deliberate attempt on the part of the CPIO, Ethics Section, Ethics & Medical Registration Board, National Medical Commission to deny information that has been sought by the applicant."
Page 2 Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Appellant: Present Respondent: Ms.Neetu Gahlaut, CPIO The Appellant submitted that the CPIO has furnished an unsatisfactory reply against the query raised at Point No. 3 ,14,15,16 in the RTI Application.
The Submissions of the CPIO were heard.
Decision:
Upon the Perusal of the case records and the submissions made by the parties. The Commission directs the CPIO:
1. To furnish correct and accurate reply to the Appellant w.r.t to the query raised at Point No. 3, 14 within 30 days from the date of receipt of this order. However, the CPIO is also directed to ensure that while disclosing the information to the Appellant any other information which is exempted from disclosure under RTI Act, 2005 must not be disclosed to the Appellant and same must be redacted/severed under section 10 of the RTI Act, 2005 prior to the said disclosure.
2. To send the compliance report of this order to the Commission within 01 week thereafter.
In the light of above direction to the CPIO, the present Appeal stands disposed off.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 Page 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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