Central Information Commission
Mr.Subhash Chandra Agrawal vs Government Of Nct Of Delhi on 10 February, 2011
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/001339/11398
Complaint No. CIC/SG/C/2010/001339
Relevant Facts emerging from the Complaint:
Complainant : Mr. Subhash Chandra Agarwal
1775 Kucha Lattushah
Dariba, Chandni Chowk
Delhi 110006
Respondent (1) : Public Information Officer,
Directorate of Health Services Govt of NCT Of Delhi Swasthya Sewa Nideshalaya Bhawan, F-17, Karkardooma, Delhi-110032 Respondent (2) : PIO & Project Director Delhi State AIDS Control Society, BSA Hospital Campus, Rohini, Sector-6, Delhi-110085 Respondent (3) : Public Information Officer/ SPIO (RTI Cell) Organizing Committee Secretariat Commonwealth Games 2010, New Delhi City Centre- Tower II, Opposite Jantar Mantar, Jai Singh Road, New Delhi-110001 RTI application filed on : 26/06/2010 PIO replied : Not replied First appeal filed on : Not appealed Complaint received on : 03/11/2010 Complaint notice sent on : 10/11/2010 Information Sought:
Refering to NDTV report dated 25.06.2010 where Rajya Sabha Member Shri Mani Shanker Iyer has been shown revealing one lakh pieces of condoms have been booked for forthcoming Commonwealth Games 2010 to be held at New Delhi in October,2010. Following information is sought:
1. State whether its true that condoms have been booked towards forthcoming Commonwealth Games 2010 at New Delhi.
2. If yes, number of condoms booked and file notings on decision taken to book condoms.
3. Name of the company to supply condoms mentioning also varieties, brand names etc all the details of booked condoms in each variety/brand.
4. Details if it is mandatory requirement of Commonwealth Games to have condoms for delegates/ sportspersons/other participating in Commonwealth Games.
5. If yes, copy of any such mandatory requirement to be furnished
6. Specify whether condoms be part of kit apartments of those coming for the Commonwealth Games.
7. If not, manner in which condoms will be available for those coming for the said Games.Page 1 of 3
8. List of cosmetics/toiletries/consumables to be made available in apartments/rooms for stay/toilets/bathrooms etc for participants/sports-persons/others who are coming for the Games.
9. Any other related information
10. File notings on movement of this RTI petition as well Reply of Public Information Officer (PIO):
Not replied Ground for First Appeal:
Not appealed.
Ground of the Complaint:
No reply from PIO.
Submission received:
PIO (Directorate Of Health Services) replied on 29/11/10 giving answer to just first two points of the RTI stating
1. "Yes
2. The RTI was transferred from PIO, O.C.,CWG directly to Nodal Officer, CWG, DHS (HQ), instead of PIO, RTI, DHS(HQ) on 21/10/10. The delay is because of not transferring the RTI application to PIO."
He further enclosed copies of letter through which application was transferred to PIO , CWG Cell on 15 October, 2010 as some of the items seemed to be closely connected to it. The Director transferred to the Joint Secretary, Ministry of Youth affairs and Sports dated 09/09/2010. The Nodal Officer (CWG Cell), dated 25/10/10, stated that Item No. 7 is related to Delhi State AIDS Control Society, that have installed a Condom vending Machine at the Games Village, Polyclinic and Item No. 8 related information pertains to the Cell. The Application was further transferred to the Project Director, DSACS, BSA Hospital Campus on the same date.
Relevant Facts emerging during Hearing:
All the parties were given an opportunity for hearing. However, not of the parties appeared. From a perusal of the papers it appears that the Complainant had filed the RTI Application with the Organizing Committee of the Commonwealth Games, which he had sent on 20/06/2010 by speed post. It appears that the PIO of the Organizing Committee (CWG) did not provide any information but has transferred it to PIO of Directorate of Health Services (HQ), Karkardooma on 21/10/2010. PIO of Directorate of Health Services had provided some six pages of information to the Complainant which do not appear to be relevant.
Decision:
The Complaint is allowed.
The PIO Directorate of Health is directed to provide the complete information as per records to the Complainant before 05 March 2011.
The issue before the Commission is of not transferring the RTI application the PIO of Organizing Committee, Commonwealth Games within 05 days as required by the law. From the facts before the Commission it appears that the PIO is guilty of not transferring the RTI Application within the time specified under Section 6(3) of the RTI Act. It appears that the PIO's actions attract the penal provisions of Section 20 (1). A showcause notice is being issued to him, and he is directed give his reasons to the Commission to show cause why penalty should not be levied on him.
PIO of Organizing Committee of Commonwealth Games will present himself before the Commission at the above address on 16 March 2011 at 4.30pm alongwith his written submissions showing cause why penalty should not be imposed on him as mandated under Section 20 (1).Page 2 of 3
Another issue before the Commission is of not supplying the complete, required information by the PIO, Directorate of Health Service (HQ) within 30 days as required by the law. From the facts before the Commission it appears that the PIO, DHS(HQ) is guilty of not furnishing information within the time specified under sub-section (1) of Section 7 by not replying within 30 days, as per the requirement of the RTI Act.
It appears that the PIO's actions attract the penal provisions of Section 20 (1). A showcause notice is being issued to him, and he is directed give his reasons to the Commission to show cause why penalty should not be levied on him.
The PIO, Directorate of Health Service (HQ) will present himself before the Commission at the above address on 16 March 2011 at 4.30pm alongwith his written submissions showing cause why penalty should not be imposed on him as mandated under Section 20 (1). He will also bring the information sent to the appellant as per this decision and submit speed post receipt as proof of having sent the information to the appellant.
If there are other persons responsible for the delay in providing the information to the Appellant the PIO is directed to inform such persons of the show cause hearing and direct them to appear before the Commission with him.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties. Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi Information Commissioner 10 February 2011 (In any correspondence on this decision, mention the complete decision number.) (su) Page 3 of 3