Central Information Commission
Bhawna Sharma vs Gnctd on 6 June, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No: CIC/GNCTD/A/2023/114796
BHAWNA SHARMA .....अपीलकर्ाग /Appellant
VERSUS
बनाम
PIO,
CPIO & CDMO, Central District,
Directorate Of Health Services,
Nabi Karim, Paharganj,
New Delhi -110055. .....प्रनर्वािीगण/Respondent
Date of Hearing : 03.06.2024
Date of Decision : 03.06.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 22.06.2022
CPIO replied on : 05.07.2022
First appeal filed on : 11.07.2022
First Appellate Authority's order : 09.02.2023
2nd Appeal/Complaint dated : 15.03.2023
Information sought:
The Appellant filed an RTI application dated 22.06.2022 seeking the following information:Page 1 of 4
"1. Did the above named Himanshu @ Dr. Himanshu Reddy, Roll number 0005564 disclosed/intimated to your Department that he was involved in criminal case FIR number 561/2019 at Ambedkar Nagar Police Station, District South Delhi under Section 406, 506 & 34 of Indian Penal Code and under Section 3 & 4 of Dowry Prohibition Act, prior to declaration of the final result?
2. If the answer to question no. 1 is Yes, then what action your department has taken for cancellation of the candidature of Himanshu @ Dr. Himanshu Reddy (Roll no.: 0005564), as the result was provisional subject to fulfillment of the condition that the candidate should not be involved in any criminal case/offences.
3. If the candidate - Himanshu @ Dr. Himanshu Reddy had not disclosed his involvement in above criminal case, then did your department conducted any verification / surveillance of the character and antecedent / credentials of the above candidate? If yes then provide copies of such verification/ surveillance / vigilance report(s) and attestation form.
4. Did the said Himanshu @ Dr. Himanshu Reddy S/o Ram Krishan @ Ram Krishan Reddy @ R.K. Reddy while taking appointment in the department submitted the documents pertaining to his antecedents, qualification, Scheduled Caste Certificate?
5. If the answer to question no. 4 is Yes, then I need true attested copies of all such documents submitted by him (including Scheduled Caste Certificate) with the department.
6. Whether the department before/after joining the said Himanshu @ Dr. Himanshu Reddy got verified proper surveillance / vigilance of the genuineness of Scheduled Caste certificate furnished by him from the concerned issuing authority?
7. If the answer to question no. 6 is yes, then I need true attested copy of such report."
The CPIO furnished a reply to the Appellant on 05.07.2022 stating as under:
"S. No. 1-7: The requisite information is a third party information and it can only be provided after taking consent of the third party. And the concerned officer has denied to provide any such information."Page 2 of 4
Being dissatisfied, the appellant filed a First Appeal dated 11.07.2022. The FAA vide its order dated 09.02.2023, held as under:-
"The reply dated 05/07/2022 given by CDMO (Central District), is found to be satisfactory.
Further as informed by the O/o CDMO (Central District), the letter for verification of caste has already send to the SDM, South District, Delhi (copy enclosed)."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Represented by Mrs. Vijaya Laxmi accompanied by Mr. Rajiv Kumar present in person.
Respondent: Represented by Dr. Sandeep Yadav, SMO, DHS accompanied with Mr. Mukesh Sharma, Pharmacist present in person.
Appellant's representative while narrating the factual background pleaded that an FIR bearing No. 0381/2022 has been lodged by the Appellant against the third party Mr. Himanshu with P.S. Begumpur, Delhi. The Appellant met the third party through matrimonial site and married him. Later, it came to her knowledge that he was already married with another lady Ms. Renu by showing himself to be of Brahmin community, however, he got selection in DHS through UPSC by filing a SC certificate and also found indulged in moral turpitude cases for which she already filed complaints against the third party. A matrimonial case is also pending adjudication between the two before the Rohini Family Court. To expose the immoral act/deeds of the third party, the Appellant filed this RTI application, however, she is aggrieved by the fact that the information has been wrongly denied to her.
Respondent at the outset reiterated their stand for denial of information and explained that Appellant has never disclosed her relationship with the third party. However, at the behest of the Commission, he volunteered to provide relevant information to the Appellant upon receipt of documentary proof that she is legally wedded wife of the third party and also by going the service Page 3 of 4 records of the third party that the name of Appellant is mentioned in the service book.
Decision In furtherance of hearing proceedings, the Commission advises the Appellant to provide a copy of marriage certificate to the Respondent and the Respondent upon receipt of documentary proof from the Appellant provide relevant requested information to the Appellant, free of cost with details as to whether there is any entry in the service record of Shri Himanshu against the column "spouse details' or the same is left blank. If filled, then whether the name of the Appellant is mentioned in the spouse column. The Respondent is further directed to inform the date of such entry in the service record.
This direction should be complied by the Respondent within 2 weeks from the date of receipt of this order.
The First Appellate Authority to ensure compliance of this order.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA Directorate of Health Services, F-17, Karkardooma, Delhi-110092.Page 4 of 4
Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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