Central Information Commission
Vibhuti Vaibhav vs All India Institute Of Medical Sciences on 15 December, 2021
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई द ली,
ली New Delhi - 110067
ि तीय अपील सं या / Second Appeal No. CIC/AIIMS/A/2020/664279
CIC/AIIMS/A/2020/664280
CIC/AIIMS/A/2020/664281
CIC/AIIMS/A/2020/679988
CIC/AIIMS/A/2020/679992
CIC/AIIMS/A/2020/679994
CIC/AIIMS/A/2020/679997
CIC/AIIMS/A/2020/680000
Shri Vibhuti Vaibhav ... अपीलकता /Appellant
VERSUS/बनाम
PIO, AIIMS, Bhopal ... ितवादीगण /Respondent
Through: Dr. T Karuna-CPIO, Dr. Ashok Kumar,
Shri Trivesh Goswami
Date of Hearing : 13.12.2021
Date of Decision : 15.12.2021
Chief Information Commissioner : Shri Y. K. Sinha
Relevant facts emerging from appeal:
Since both the parties are same, the above mentioned cases are clubbed
together for hearing and disposal.
Case RTI Filed CPIO reply First appeal FAO 2nd Appeal
No. on received
664279 21.03.2018 07.04.2018 16.04.2018 08.05.2018 01.06.2018
664280 21.03.2018 07.04.2018 16.04.2018 08.05.2018 01.06.2018
664281 21.03.2018 07.04.2018 16.04.2018 08.05.2018 01.06.2018
679988 14.03.2020 21.05.2020 18.07.2020 22.05.2020 30.07.2020
679992 14.03.2020 18.04.2020 18.04.2020 12.05.2020 30.07.2020
679994 14.03.2020 16.04.2020 18.04.2020 12.05.2020 30.07.2020
679997 14.03.2020 16.04.2020 18.04.2020 12.05.2020 30.07.2020
680000 14.03.2020 21.05.2020 18.04.2020 22.05.2020 30.07.2020
Information soughtand background of the case:
Page 1 of 12(1) CIC/AIIMS/A/2020/664279 The Appellant filed an RTI application dated 21.03.2018 which was responded by the PIO (Examination & Results), AIIMS Bhopal, vide letter dated 07.04.2018 as under:-
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 16.04.2018. The FAA(Examination & Results), AIIMS Bhopal vide order dated 08.05.2018 held as under:-
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
(2) CIC/AIIMS/A/2020/664280 The Appellant filed an RTI application dated 21.03.2018 which was responded to by the PIO(Examination & Results), AIIMS Bhopal, vide letter dated 07.04.2018 as under:-Page 2 of 12
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 16.04.2018. The FAA(Examination & Results), AIIMS Bhopal vide order dated 08.05.2018 held as under:-
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
(3) CIC/AIIMS/A/2020/664281 The Appellant filed an RTI application dated 21.03.2018 which was responded to by the PIO(Examination & Results), AIIMS Bhopal, vide letter dated 07.04.2018 intimated as under:-Page 3 of 12
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 16.04.2018. The FAA(Examination & Results), AIIMS Bhopal vide order dated 08.05.2018 stated as under:-
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Written submission dated 31.01.2020 has been received from the Respondent, with respect to the aforesaid three appeals, which indicates that the same set of queries raised in the above appeals have already been adjudicated by an earlier decision dated 31.12.2019 passed by a predecessor Bench of the Commission while deciding a batch of nine appeals of the same Appellant. In compliance of the Commission's directions passed by the order dated 31.12.2019, the Respondent - AIIMS, Bhopal has stated vide the submission dated 31.01.2020 that:
The Respondent has also submitted a copy of the decision dated 31.12.2019 passed by the Commission in support of their contentions.
Facts emerging in Course of Hearing:
In order to ensure social distancing and prevent the spread of the pandemic, COVID-19, hearing was scheduled through video conference after giving prior Page 4 of 12 notice to both the parties. Respondent alone attended the hearing through video conference, while the Appellant remained absent and has not communicated the cause of his absence to the Commission.
Decision Perusal of the submissions placed forth by the Respondent reveal that the queries discussed in the aforementioned three appeals stand duly adjudicated by the earlier decision dated 31.12.2019. Fresh adjudication with respect to the above cases is barred by operation of the principle of res judicata.
The appeals are disposed off as such.
(4) CIC/AIIMS/A/2020/679988 The Appellant filed an RTI application dated 14.03.2020 seeking information on 07 points regarding his application submitted in Registrar office vide inward dispatch no. 3516 dated 1st January 2020 for refund of mess and hostel security deposit amounting to Rs.1500 (Rs.500 Rs.1000) deposited at time of admission:-
1. Please provide me a progress report for the actions done by respective officers on my application along with respective dates.
2. Please provide me the name of the officers/responsible authority and their respective actions, memos, remarks, emails, opinions, advices, reports, respective deficiency mentioned(also mentioned reason on record not informing to me for opportunity of correction of deficiency, if any) given for justifying the delay of application if any in my application.
3. Provide a copy of rules/ Student charter providing timeframe of processing similar application and disbursing the refund in AIIMS Bhopal
4. Please provide the copy of the rules circulars guidelines determining the list of officers/competent authority responsible for supervising such delay and implement the timeframes and actions, memos, remarks, emails, opinions, advices, reports mentioned to take appropriate action on their subordinates
5. Please provide the list of departmental inquiries, actions and punishments against the respective officers and supervising officers who have delayed my application without any suitable mentioned reason on record along with their respective dates.
6. Provide the FUTURE date on which my application will be processed if any mentioned/decided by competent authority AFTER THIS APPLICATION along with the due process to provide for the compensation for HARDSHIP ON ME, UNDUE WASTE of my time and energy in Recovering my own money even after providing all the documents of no dues and completed application according to the procedure mentioned in my admission prospectus.Page 5 of 12
7. Provide the list of all the similar application reason in past 2 years from January 2018 , list of applications processed and pending along with their date and appropriate enquiry for such arbitrary DELAY.
On not receiving any response from the CPIO, the Appellant filed a First Appeal dated 18.04.2020. The CPIO vide online reply dated 21.05.2020 stated that the reply has already been provided by PIO directly to the address of the applicant.
The FAA, AIIMS Bhopal vide online order dated 22.05.2020 disposed the First appeal.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Written submission dated 09.12.2021 has been received from the Respondent enclosing a communication dated 01.04.2020 from AIIMS, Bhopal, wherein it has been submitted by the Respondent that the payment of Rs. 1500/- has already been done in favour of the Appellant on 16.03.2020.
In order to ensure social distancing and prevent the spread of the pandemic, COVID-19, hearing was scheduled through video conference after giving prior notice to both the parties. Respondent alone is present for the hearing, while the Appellant has neither attended the virtual hearing despite service of hearing notice in advance nor communicated any reason for his absence.
Decision Perusal of the records of the case reveal that information as defined under Section 2(f) of the RTI Act had been duly furnished by the Respondent and even the grievance which gave rise to the instant appeal has been resolved. The Appellant has chosen not to participate in the hearing nor buttressed his case, despite service of hearing notice in advance of hearing notice.
In the light of the above discussion, it is noted that since no further cause of action survives, the appeal has been rendered infructuous and is disposed off accordingly.
(5) CIC/AIIMS/A/2020/679992 The Appellant filed an RTI application dated 14.03.2020 seeking information on the following 09 points regarding the designation of Dean (Academics) of AIIMS Bhopal:-
1. Please provide the list of names of person posted on the above mentioned designation/post i.e. Dean Academics for the period 1st July 2015 to 1st June 2018 Page 6 of 12
2. Please provide a certified copy/copy of the respective official appointment order of competent authority appointing them
3. Please provide the circular or the guidelines of the institution regarding the appointment on such post.
4. Please provide any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, log books, contracts, reports, papers, samples, models, marks memos written comments or data material held in any electronic form on minutes of the meeting of the committee/ appropriate competent authority considered for respective appointment along with the list of other unsuccessful persons for the post.
5. Please provide order/ certified copy for terminating the term/tenure period of any of appointee permanent/acting along with documents, memos, e-mails, opinions, advices, press releases, circulars, orders, log books, contracts, reports, papers, samples, models, marks memos written comments providing the reason for such midstream termination
6. Please provide a copy of rules and regulations/ guidelines/circulars of institution or any institutional body regarding appointment on the post, tenure/service period, process of midstream termination and grounds for termination.
7. Please provide the name of the person responsible for keeping these records and his/ her reasons on record in written if any for destruction of the respective records without any suitable authority or competent authority orders.
8. Please provide a list of all the orders issued by the respective officers during the above mentioned period 2015 to 18. Or if the information is already in the public domain kindly guide me towards such list, website, press etc.
9. Also provide the copy of powers and broad responsibilities of the above mentioned public office and public servant.
The CPIO(Admin), AIIMS, Bhopal, vide reply dated 18.04.2020 intimated as under:-
1. List of Dean Academic are as under:-
(1) Dr. Balakrishnan S From 22.04.2013 to 01.03.2017 (2) Dr. Rajesh Malik From 02.03.2017 to 23.04.2018 (3) Prof. Arneet Arora From 24.09.2018 to till now Copy of 3 office orders is enclosed (Annexure 1 to 3)
2. Appointment Orders provided as per Annexure 1 to 3 above.
3. Decision of Academic Committee.
4. Information is not available with the PIO.
5. No separate orders other than documents provided to you is available with the PIO.
Page 7 of 126. No other documents other than Document at Annexure -4 available.
7. Information is not available with the PIO.
8. Information is not available with the PIO.
9. No record with respect to Powers and responsibilities of Dean (Academics) is available with the PIO.
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 18.04.2020. The FAA/Dy. Director (Admin), AIIMS Bhopal vide order dated 22.05.2020 held that the information has already been provided to the Appellant vide letter dated 18.04.2020.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Written submissions dated 09.12.2021 has been received from the Respondent, reiterating the above facts and enclosing a copy of the FAA's order dated 25.09.2020, which is self explanatory in nature.
(6) CIC/AIIMS/A/2020/679994 The Appellant filed an RTI application dated 14.03.2020 seeking information on the following 09 points regarding designation of Professor-in-charge Examination of AIIMS Bhopal:-
1. Please provide the list of names of person posted on the above mentioned designation/post i.e. of Professor-in-charge Examinations for the period 1st July 2015 to 1st June 2018 2 Please provide a certified copy/copy of the respective official appointment order of competent authority appointing them 3 Please provide the circular or the guidelines of the institution regarding the appointment on such post.
4. Please provide any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, log books, contracts, reports, papers, samples, models, marks memos written comments or data material held in any electronic form on minutes of the meeting of the committee/appropriate competent authority considered for respective appointment along with the list of other unsuccessful persons for the post.
5. Please provide order/certified copy for terminating the term/ tenure period of any of appointee permanent/acting along with documents, memos, e-mails, opinions, advices, press releases, circulars, orders, log books, contracts, reports, papers, samples, models, marks memos written comments providing the reason for such midstream termination
6. Please provide a copy of rules and regulations/guidelines/ circulars of institution or any institutional body regarding appointment on the post, tenure/service period, process of midstream termination and grounds for termination.Page 8 of 12
7 Please provide the name of the person responsible for keeping these records and his/ her reasons on record in written if any for destruction of the respective records without any suitable authority or competent authority orders.
8. Please provide a list of all the orders issued by the respective officers during the above mentioned period 2015 to 18. Or if the information is already in the public domain kindly guide me towards such list, website, press etc.
9. Also provide the copy of powers and broad responsibilities of the above mentioned public office and public servant.
The CPIO(Admin), AIIMS, Bhopal, vide reply dated 16.04.2020 intimated as under:-
Point No. 1, 3 to 9 - Information sought requires compilation of Information, Hence, cannot be disclosed under 7(9) of the RTI Act, 2005.
Point No. 2 - As per the record available, office order no. 4685 dated 28.12.2017 (Copy) appointing Dr. Balakrishnan-S. Professor Pharmacology as Professor In-charge, Examination is enclosed herewith.
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 18.04.2020. The FAA/Dy. Director (Admin), AIIMS Bhopal vide order dated 22.05.2020 stated that the information has already been provided to the Appellant vide letter dated 16.04.2020.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Written submissions dated 09.12.2021 has been received from the Respondent, reiterating the above facts and enclosing a copy of the FAA's order dated 25.09.2020, which is self explanatory in nature.
(7) CIC/AIIMS/A/2020/679997 The Appellant filed an RTI application dated 14.03.2020 seeking information on the following 09 points regarding the designation of General Medicine Department of AIIMS Bhopal:-
1. Please provide the list of names of person posted on the above mentioned designation/post i.e. of Professor-in-charge Examinations for the period 1st July2015 to 1st June 2018 2 Please provide a certified copy/ copy of the respective official appointment order of competent authority appointing them 3 Please provide the circular or the guidelines of the institution regarding the appointment on such post.Page 9 of 12
4. Please provide any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, log books, contracts, reports, papers, samples, models, marks memos written comments or data material held in any electronic form on minutes of the meeting of the committee/ appropriate competent authority considered for respective appointment along with the list of other unsuccessful persons for the post.
5. Please provide order/ certified copy for terminating the term/ tenure period of any of appointee permanent/acting along with documents, memos, e-mails, opinions, advices, press releases, circulars, orders, log books, contracts, reports, papers, samples, models, marks memos written comments providing the reason for such midstream termination
6. Please provide a copy of rules and regulations/ guidelines/ circulars of institution or any institutional body regarding appointment on the post, tenure/service period, process of midstream termination and grounds for termination.
7 Please provide the name of the person responsible for keeping these records and his/ her reasons on record in written if any for destruction of the respective records without any suitable authority or competent authority orders.
8. Please provide a list of all the orders issued by the respective officers during the above mentioned period 2015 to 18. Or if the information is already in the public domain kindly guide me towards such list, website, press etc.
9. Also provide the copy of powers and broad responsibilities of the above mentioned public office and public servant.
The CPIO(Admin), AIIMS, Bhopal, sent a reply dated 16.04.2020 stating as under:-
Point No. 1, 3 to 9 - Information sought requires compilation of Information, Hence, cannot be disclosed under 7(9) of the RTI Act, 2005. Point No. 2 - As per the record available. The Present HOD (General Medicine) is Dr. Rajnish Joshi, Professor, The Dean (Academics) was the HOD Since no other Professor was posted there. Office order no. 542 dated 05.03.2018 issued in this regard is enclosed herewith.
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 18.04.2020. The FAA/Dy. Director (Admin), AIIMS Bhopal vide order dated 22.05.2020 held that the information has already been provided to the Appellant vide letter dated 16.04.2020.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Written submissions dated 09.12.2021 has been received from the Respondent, reiterating the above facts and enclosing a copy of the FAA's order dated 25.09.2020, which is self explanatory in nature.Page 10 of 12
(8) CIC/AIIMS/A/2020/680000 The Appellant filed an RTI application dated 14.03.2020 seeking information on the following 09 points regarding the designation of Medical Superintendent of AIIMS Bhopal.
1. Please provide the list of names of person posted on the above mentioned designation/post i.e. of Medical Superintendent for the period 1st July 2015 to 1st June 2018 2 Please provide a certified copy/ copy of the respective official appointment order of competent authority appointing them 3 Please provide the circular or the guidelines of the institution regarding the appointment on such post.
4. Please provide any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, log books, contracts, reports, papers, samples, models, marks memos written comments or data material held in any electronic form on minutes of the meeting of the committee/ appropriate competent authority considered for respective appointment along with the list of other unsuccessful persons for the post.
5. Please provide order/ certified copy for terminating the term/ tenure period of any of appointee permanent/acting along with documents, memos, e-mails, opinions, advices, press releases, circulars, orders, log books, contracts, reports, papers, samples, models, marks memos written comments providing the reason for such midstream termination
6. Please provide a copy of rules and regulations/ guidelines/ circulars of institution or any institutional body regarding appointment on the post, tenure/service period, process of midstream termination and grounds for termination.
7 Please provide the name of the person responsible for keeping these records and his/ her reasons on record in written if any for destruction of the respective records without any suitable authority or competent authority orders.
8. Please provide a list of all the orders issued by the respective officers during the above mentioned period 2015 to 18. Or if the information is already in the public domain kindly guide me towards such list, website, press etc.
9. Also provide the copy of powers and broad responsibilities of the above mentioned public office and public servant.
The CPIO vide online reply dated 21.05.2020 intimated the Appellant that the reply has already been provided by PIO directly to his address.
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 18.04.2020. The FAA, AIIMS Bhopal vide online order dated 22.05.2020 decided the First appeal.
Page 11 of 12Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Written submissions dated 09.12.2021 has been received from the Respondent, reiterating the above facts and enclosing a copy of the PIO's reply dated 29.07.2020 FAA's order dated 25.09.2020, which is self explanatory in nature.
Facts emerging in Course of Hearing:
In order to ensure social distancing and prevent the spread of the pandemic, COVID-19, hearing was scheduled through video conference after giving prior notice to both the parties. Respondent alone attended the hearing through video conference, while the Appellant remained absent and has not communicated the cause of his absence to the Commission.
Decision Upon perusal of the records of the case, it is noted that information as defined under Section 2(f) of the RTI Act had been duly furnished by the Respondent. The Appellant has chosen not to participate in the hearing nor buttressed his case, hence it is not possible to ascertain his side of the averments.
In the light of the above facts, it is noted that information as available on records has been provided by the Respondent, in terms of the provisions of the RTI Act. Hence, no further cause of action remains to be adjudicated in the above cases, under the RTI Act.
The appeals are disposed off accordingly.
Y. K. Sinha (वाई.
वाई. के . िस हा) Chief Information Commissioner (मु य सूचना आयु ) Authenticated true copy (अिभ मािणत स ािपत ित) S. K. Chitkara (एस. के . िचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 12 of 12