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Ratnadip Sarkar vs Health And Family Welfare Department on 17 March, 2020

                                  के न्द्रीयसूचनाआयोग
                       Central Information Commission
                               बाबागंगनाथमागग,मुननरका
                        Baba Gangnath Marg, Munirka
                         नईददल्ली, New Delhi - 110067

नितीय अपील संख्या / Second Appeal No. CIC/HAFWD/A/2018/621284

Shri Ratnadip Sarkar                                     ... अपीलकताग/Appellant
                                  VERSUS/बनाम

PIO/O/o Principal Secretary, Dept.                       ...प्रनतवादीगण /Respondent
Of H&FW, New Delhi

Through: Ajay Bisht, Dy. Secretary/PIO

Date of Hearing                        :    16.03.2020
Date of Decision                       :    17.03.2020
Information Commissioner               :    Shri Y. K. Sinha

Relevant facts emerging from appeal:
RTI application filed on                :   12.08.2017
PIO replied on                          :   Nil
First Appeal filed on                   :   19.03.2018
First Appellate Order on                :   Nil
2ndAppeal/complaint received on         :   22.05.2018

Information sought

and background of the case:

Appellant filed RTI application dated 12.08.2017seeking information through 4 points:

Query 01: Please supply available information (accurate, precise) regarding name of Council Establishment Act & concerned office address of the various Regulatory State Council (MEDICAL, DENTAL, NURSING & PHYSIOTHERAPY) dully approved under the Department of Health & Family Welfare (Govt. of NCT of Delhi). [Provide reply in the given format.] Query 02: Please specify regarding the Function and objective of establishment of State Physiotherapy Council dully approved by the Department of Health & Family Welfare (Govt. of NCT of Delhi).

Query 03: Please specify SUPPORTIVE reference G.0./ Recruitment notification/ Gazette and provide me available information [ accurate & complete u/s 2(f, i ,j), 4[(1A), 1B(ix, 2, 3 & 4 ] regarding the existing sanctioned recruitment rules / policy ( in respect of eligibility criteria for the applicants, Entry-level Pay Scale with Grade pay & allowances and cadre of the post -- Gazetted or Non-Gazetted Post ) for the process of Page 1 of 3 regular /direct recruitment of various posts of PHYSIOTHERAPISTS under the Directorate of Health Services/ Department of Health & Family Welfare (Govt. of NCT of Delhi).

Query 04: Please specify SUPPORTIVE reference G.0./Recruitment notification/ Gazette and supply available information (accurate, precise) regarding Promotional Policy (with Pay scale & allowances) for the post of PHYSIOTHERAPIST under the Directorate of Health Services/Department of Health & Family Welfare (Govt. of NCT of Delhi ) Please specify : After how many years of regular service, entry level PHYSIOTHERAPISTS gets promotional opportunity to the next senior level promotional post of Physiotherapist under the Directorate of Health Services/ Department of Health & Family Welfare (Govt. of NCT of Delhi).

Having not received any reply from the PIO, Appellant filed First Appeal dated 19.03.2018 which was not adjudicated. Hence, Appellant approached the Commission in the instant Second Appeal.

Facts emerging in Course of Hearing:

Written submission dated 02.03.2020 has been received from the Appellant. He has requested the Commission to exempt his physical appearance from the hearing.

Communication dated 25.02.2020 has been received from Nodal Officer (RTI) instructing the PIO to attend the Second Appeal hearing.

Respondent is present for the hearing in person. Respondent submitted that he is presently the PIO of Counsel branch and that whatever information pertaining to his branch has been provided to the Appellant. Upon being asked by the Commission, Respondent submitted that Shri A.K. Verma, DS was the then PIO and he has not provided any information to the Appellant till date.

Decision:

Upon perusal of records and on the basis of the submissions of the Respondent during hearing, Commission observes that no reply has been provided by the then PIO or any adjudication has been done by the First Appellate Authority. It is disappointing to note the utter disregard towards the provisions of the RTI Act by both the then PIO and the FAA, whose inaction and callousness has resulted in the instant matter remaining unresolved for more than 2 years without any cogent reason. This attitude of the Respondent is detrimental to the spirit of the RTI Act and cannot be accepted as such.

Nonetheless, Shri Ajay Bisht - present PIO/Dy. Secretary is hereby directed to provide point-wise and proper reply to the Appellant on all the 4 queries in the instant RTI Application. In doing so, if the PIO has to obtain information from a different branch/section/department, he shall take assistance under Section 5(4) of the RTI Act from the concerned authorities and shall ensure that all the information is provided to the Appellant within 4 weeks from the date of issue of this order failing which appropriate penal action shall be initiated against him suo-motu.

Keeping in view the facts and circumstances of the instant case, Commission further directs the Registry of this Bench to issue SHOW CAUSE NOTICE upon Shri. A.K.Verma - the then PIO/Dy. Secretary for delay and denial in furnishing of information and violation of provisions of the RTI Act, without reasonable cause through Shri Ajay Bisht - present PIO/Dy. Secretary. Shri. A.K.Verma - the then PIO/Dy. Secretary shall also explain as to why maximum penalty should not be imposed upon him for causing obstruction of information. An explanation in response to the Show Cause Notice should reach the Commission within 4 weeks from the date of issue of this order.

Y. K. Sinha (वाई. के . नसन्द्हा) Information Commissioner(सूचना आयुक्त) Authenticated true copy (अभिप्रमाणितसत्यापितप्रतत) Ram Parkash Grover (राम प्रकाश ग्रोवर) Dy. Registrar (उप-पंजीयक) 011-26180514 Page 3 of 3