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Central Information Commission

Shubham Gupta vs Directorate Of Health Services Head ... on 25 September, 2025

                             के ीय सूचना आयोग
                       Central Information Commission
                          बाबा गंगनाथ माग, मुिनरका
                        Baba Gangnath Marg, Munirka
                        नई िद ी, New Delhi - 110067


File No: CIC/DHSHD/A/2024/617071

Shubham Gupta                                              .....अपीलकता/Appellant

                                        VERSUS
                                         बनाम


PIO,
Directorate General of Health
Services, F-17, Karkardooma,
Delhi - 110092                                           .... ितवादीगण /Respondent

Date of Hearing                     :    18.09.2025
Date of Decision                    :    25.09.2025

INFORMATION COMMISSIONER :               Vinod Kumar Tiwari

Relevant facts emerging from appeal:

RTI application filed on            :    09.02.2024
CPIO replied on                     :    Not on record
First appeal filed on               :    21.03.2024
First Appellate Authority's order   :    03.04.2024
2nd Appeal/Complaint dated          :    22.04.2024

Information sought

:

1. The Appellant filed an RTI application dated 09.02.2024 (online) seeking the following information:

"Whether Dr. Aditya Savami Medical Officer (CPA) has obtained the prior permission from the competent authority before issuing the letter dated 08.02.2024 to Tirupati Medilines Pvt Ltd? The said letters are dated 08.02.2024 bearing No. F1(2)/53/DGHS/CPA/2023-24/7040, 7041 & 7042 are attached herewith. Kindly provide the copies of office notes, Page 1 of 4 orders and all the communications exchanged by Dr. Aditya Savami Medical Officer (CPA) before issuance of the aforesaid three letters.

Kindly provide the reason and purpose for raising these queries mentioned in aforesaid three letters after two years of completion of the contract?"

2. Not having received any response from the CPIO, the Appellant filed a First Appeal dated 21.03.2024. The FAA vide its order dated 03.04.2024, held as under:

"This is an appeal under Section 19(1) of RTI Act, 2005 filed by Mr.Shubham Gupta, for providing reply by the PIO in response to the online RTI application Id no DROHS/R/2024/60041.

The appeal was conducted on 03.04.2024, ASO(CPA), APIO(RTI) and the representative of the appellant were present in the appeal. HOO (CPA) is directed to provide the reply directly to the appellant within 7 working days.

Order passed and appeal disposed of accordingly."

3. Feeling aggrieved and dissatisfied, Appellant approached the Commission with the instant Second Appeal.

Relevant Facts emerged during Hearing:

The following were present:-

Appellant: Not Present.

Respondent: Dr. Pramod Arya, SAG and Shri Andmesh Kumar, SMO present in person.

4. Proof of having served a copy of Second Appeal on Respondent while filing the same in CIC on 22.04.2024 is not available on record. Respondent confirms non-service.

5. The Respondent submitted that inadvertently they have missed giving reply to the Appellant after the directions given by the FAA. He tendered his unconditional apology for the same.

Decision:

6. The Commission after adverting to the facts and circumstances of the case, and perusal of the records, observes that the Appellant in his Second Appeal is aggrieved that no information was provided to him by the Respondent till date.

7. There is nothing on record to show that any reply was given to the Appellant on his RTI application after the directions given by the FAA.

8. In view of the above observations, the Commission directs the Respondent to examine the RTI application dated 09.02.2024 of the Appellant and provide point-wise reply/information sought in the above-mentioned RTI application to the Appellant and as per the directions given by the FAA, along with supporting documents, failing which to show-cause within this period as to why maximum penalty should not be imposed under the RTI Act.

9. The aforesaid direction shall be complied with by the PIO within four weeks from the date of receipt of this order.

10. The FAA is directed to ensure compliance of this order.

The appeal is disposed of accordingly.

Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स!ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Page 3 of 4 Copy To:

The FAA, Addl. Director, Directorate General 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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