Nijaling Nagappa Gudagi vs National Commission For Homoeopathy on 6 May, 2024

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Nijaling Nagappa Gudagi vs National Commission For Homoeopathy on 6 May, 2024

Bench: Heeralal Samariya

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

नितीय अपील संख्या / Second Appeal No. CIC/NCHPH/A/2023/108799

Shri Nijaling Nagappa Gudagi                             ... अपीलकताग/Appellant
                                VERSUS/बनाम

PIO, National Commission For Homoeopathy,             ...प्रनतवािीगण /Respondent
New Delhi

Date of Hearing                      :   02.05.2024
Date of Decision                     :   02.05.2024
Chief Information Commissioner       :   Shri Heeralal Samariya

Relevant facts emerging from appeal:
RTI application filed on          :      08.11.2022
PIO replied on                    :         - -
First Appeal filed on             :      17.12.2022
First Appellate Order on          :      20.12.2022
2 Appeal/complaint received on
 nd                               :      21.02.2023

Information sought

and background of the case:

The Appellant filed an RTI application dated 08.11.2022 seeking information on following points:-

1. "List Of Permitted Homoeopathic Medical Colleges in the State of Karnataka to Make Admission BHMS UG for the Year 2022 2023 under Act 2005. Provide Xerox Copies of Permission Letters

2.List Of Hearing Conducted Homoeopathic Medical Colleges in the State of Karnataka to Make Admission BHMS UG for the Year 2022 2021 under RTIAct 2005. Provide Xerox Copies of Hearing Letters 3 List OF Inspection Conducted Homoeopathic Medical Colleges in the State of Karnataka to Make Admission BHMS UG for the ear 122-3023 under RTI Act 2005. Provide Xerox Copies of Hearing Letters."

Dissatisfied with the non-receipt of information from the CPIO, the Appellant filed a First Appeal dated 17.12.2022. The FAA vide order dated 20.12.2022 stated as under:-

Page 1 "It is informed that your RTI application (Regn. No. CCEHP/R/E/22/00168) was not received in this Commission."

Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.

Facts emerging in Course of Hearing:

Appellant: Present Respondent: 1. Dr Monika Kathuria, Hom Consultant

2. Smt Sunita, DEO The Appellant stated that there was a delay in providing him the information as the reply was provided vide letter dated 17.02.2023 i.e., beyond the period stipulated under the RTI Act, 2005. Furthermore, the FAA disposed off the appeal technically without application of mind.

Dr Monika Kathuria attributed the delay in response to a clerical error but stated that point wise information was provided to the Appellant on 17.02.2023.

Decision Keeping in view the facts of the case and the submissions made by both the parties, appropriate response as per the provisions of the RTI Act, 2005 has been provided as admitted by the Appellant during the hearing. Hence, no further intervention of the Commission is required in this matter. Dr Monika Kathuria, Hom. Consultant is however directed to ensure that timelines stipulated under the RTI Act, 2005 are complied with while replying in future matters.

The instant Second Appeal stands disposed off accordingly.

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 2 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-

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