Central Information Commission
Mr.Vineet Kumar vs Ministry Of Health And Family Welfare on 12 November, 2010
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2010/001353
Date (s) of Hearing: November 12, 2010
Date of Decision : November 12, 2010
Both parties Heard
Parties:
1. Applicant
Shri Vineet Kumar,
R/o. H. No. C30,
Amar Colony, East Gokul Pur,
Shahdara, Delhi - 110 094.
Represented by : Shri Jai Kumar
Respondent(s)
1. Central Council of Homoeopathy
6165 Institutional Area
Opp "D" Block, Janakpuri,
New Delhi.
Represented by : 1. Dr. O.P. Verma, Librarian & PIO
2. Dr. C. Nayak, Director General
3. Dr. Sunil Kumar, Deputy Director
4. Shri. Shakel Ahmed, LDC
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
Decision Notice
The Commission directs the PIO to provide all the missing information while using Section 10(1) of the RTI
Act, if required, to sever information exempt from disclosure. The answer sheets of other candidates are
denied to the Appellant as per the Full Bench decision of the Commission.
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2010/0001353
Background :
1. The Applicant filed an RTI application on 01/04/2010 seeking information against 7 points including copy of notified requirement rules for post of Ultrasonology Technician, number of vacancies of the post, list of candidates who appeared for the interview, answer sheets of other candidates, etc. The PIO replied on 04/05/2010 providing point wise information. Not satisfied with the reply the Applicant filed his First Appeal on 08/05/2010 commenting on the information provided and seeking some missing information. The Appellate Authority replied on 15/06/2010 providing further clarification as also information and denying copies of answer sheets of other candidates under section 8(1)(j) of the RTI Act, 2005. Being aggrieved with this reply the Appellant filed his Second Appeal with this Commission on 01/04/2010 seeking the missing information.
Decision
2. The Appellant stated that he wants a copy of the notified requirement rules, a list of candidates in the waiting list and the copies of documents submitted by the selected candidates for the above mentioned post.
3. The Commission on review of the information provided noted that information against point no. 1, 2, 6 & 7 had already been furnished to the Appellant. With regard to part of point no. 3 the Commission directs the PIO to provide the names of the candidates on the waiting list, and complete information against point 4 & 5 after using section 10(1) of the RTI Act, 2005 for severing any information that is exempt from disclosure. Answer sheets of other candidates are denied to the Appellant as per Full Bench decision of the Commission in Complaint No. CIC/WB/C2006/00223; Appeal Nos. CIC/WB/A/2006/00469; & 00394 ;Appeal Nos. CIC/OK/A/2006/00266/00058/00066/. The information may be provided by 10/12/2010.
4. The appeal is accordingly disposed of.
(Annapurna Dixit) Information Commissioner Authenticated true copy (G.Subramanian) Deputy Registrar Cc:
1. Shri Vineet Kumar, R/o. H. No. C30, Amar Colony, East Gokul Pur, Shahdara, Delhi - 110 094.
2. The Public Information Officer, Central Council of Homoeopathy 6165 Institutional Area Opp "D" Block, Janakpuri, New Delhi.
3. The Appellate Authority, Central Council of Homoeopathy 6165 Institutional Area Opp "D" Block, Janakpuri, New Delhi.
4. Officer in charge, NIC