Central Information Commission
Mahavir Singh vs Health And Family Welfare Department on 4 January, 2019
के न्द्रीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमागग, मुननरका
Baba Gangnath Marg, Munirka
नईददल्ली, New Delhi - 110067
नितीय अपील संख्या/Second Appeal No.CIC/HAFWD/A/2017/128642
Mr. Mahavir Singh, ....अपीलकताग/Appellant
Gurugram (Haryana)
VERSUS
बनाम
PIO/Health & Family Welfare
Department,(Government of NCT .... प्रनतवादीगण /Respondent
of Delhi), Delhi Secretariat,
I.P. Estate,NewDelhi-110002
Through:-Mr. Subhash Chandra Agarwal
- Consultant; Mr. G S Pandey- Dy.
Director and Dr. Aadithya B Urs - PIO,
MAIDS
Date of Hearing : 31.12.2018
Date of Decision : 04.01.2019
Information Commissioner : Shri BimalJulka
Relevant facts emerging from appeal:
RTI application filed on : 19.01.2017
PIO replied on : - -
First Appeal filed on : 28.02.2017
First Appellate Order on : - -
2ndAppeal/complaint received on : 02.05.2017
Information soughtand background of the case:
The Appellant filed an RTI application dated 19.01.2017, sought information regarding Ad-hoc appointments of Civil Asstt. Surgeon (Dental) Gr. I. He sought total No. of Strength and No. of posts filled/vacant in Delhi Dental Cadre, details of total no. of Ad-hoc appointments of Civil Asstt. Surgeon (Dental) Gr.I, Dental Surgeon who were appointed as Ad-hoc CAS (Dental) Gr. I., give details of pay scale and other service benefits of Ad-hoc Civil Asstt. Surgeon (Dental) Gr.I and other related information.
Having not received any information from PIO, the Appellant filed a First Appeal dated 28.02.2017. Feeling aggrieved with no response received from FAA, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Respondent alone has appeared to the exclusion of the Appellant. The PIO, Maulana Azad Institute of Dental Sciences [MAIDS] has submitted a written note dated 31.12.2018 stating therein that the application of the Appellant was transferred by the Ministry of H&FW to MAIDS vide letter dated 24.01.2017. However, since Delhi Dental cadre is not under the purview of MAIDS, hence, the PIO, MAIDS returned the RTI Application to PIO, MoHFW vide letter dated 07.02.2017, endorsing a copy of the same to the Appellant. It has also been brought to the notice of the Commission by the Respondent that transfer of RTI Applications under Section 6(3) of the RTI Act, 2005 is being done mechanically and without adhering to the DoPT Circular No. F.10/2/2008-IR dated 24.09.2010 which stipulates that transfer of RTI application cannot be done to more than one public authority under Section 6(3) of the RTI Act, 2005.
Decision In the light of the above facts, the Commission is of the considered opinion that the instant RTI Application has not been handled in an appropriate manner. The queries relate to the Delhi Dental cadre while it was transferred incorrectly to the Maulana Azad Institute of Dental Sciences [MAIDS]. Even after the RTI application was returned back to MoHFW vide letter dated 07.02.2017, no action seems to have been taken by the MOHFW. There is no representation from the MOHFW as such during the hearing to explain what action was taken to disseminate the information.
The Commission takes an adverse view of the conduct of the PIO, MoHFW in transferring the RTI application in a callous manner, without adhering to the DoPT Circular No. F.10/2/2008-IR dated 24.09.2010 apart from violation of the provisions of the RTI Act, 2005 due to non dissemination of the information in response to the RTI queries.
Under the circumstances, the registry of this Bench is directed to mark a copy of this order to the Secretary, Health, MoHFW - Mr. Sanjeev Kherwar to enquire into the matter of inappropriate handling and transfer of RTI applications and fix culpability of the official responsible for causing such deliberate obstruction to the dissemination of information. Enquiry Report shall be sent by the Respondent and must reach the Commission within 15 days of receipt of this order. While the case is remanded back to the FAA for proper adjudication thereof, and Action Taken report must be submitted before the Commission within two weeks of receipt of this order.
The appeal is thus disposed of with the above directions.
(Bimal Julka) Information Commissioner (सूचना आयुक्त ) Authenticated true copy (अभिप्रमाणित सत्यापित प्रतत) Ram Parkash Grover Dy. Registrar 011-26180514 / राम प्रकाश ग्रोवर, उप-पंजीयक