Central Information Commission
Mr.J.B. Sharma vs Indian Council Of Medical Reserch on 18 May, 2012
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Decision No. CIC/SG/A/2012/001024/18988
Appeal No. CIC/SG/A/2012/001024
Relevant Facts emerging from the Appeal
Appellant : Mr. J. B. Sharma
Maya Bhawan
H-961, Palam Extension
Sector- 7, Dwarka
New Delhi- 110077
Respondent Mr. S.P.Singh
PIO & AO Ministry of Health & Family Welfare Administrative Officer & CPIO ICMR, Dept. of Health Research V. Ramalingawamy Bhawan New Delhi- 110029 RTI application filled on : 21/01/2012 PIO replied : 13/02/2012 First appeal filed on : 29/02/2012 First Appellate Authority order : not enclosed.
Second Appeal received on : 27/03/2012 The Appellant had sought information regarding seeking the copy of factual report sent to CVC on the complaint dated 23.05.2011 against the officials of the ICMR for misuse of crores of rupees in the name of MRC Field station, Nadiad, Gujarat.
SL. Information Sought Reply of the PIO
1. Copy of factual report sent to the CVC on the complaint dated The file has already been put up 23.5.2011 of the Appellant against the officials of the ICMR for for approval of the authority. misuse of crores of rupees in the name of 4RC Field Station, Nadlad, Gujarat and its expansion to 12 other Locations in the country without the approval of MOH&FW and ICMR.
2. Copy of action taken by the ICMR against the officials in the No action is required to be taken Division of CD•lI for allowing loss of oyer Rs.100/ crores on the as the sanctions for IDVC IDVC Project for which even project proposal has not been sent project wee issued with the by the NIMR not to speak of approval given by the ICMR and approval of Competent Authority MOR&FW.
3. Copy of action taken on complaint dated 31.10.2011 of the .3,4,5,6,7 and 8 pertain to appellant against Dr.N.K.Gangulv by the ICMR. Admn.l Sec. and the same information will be provided by them directly.
4. Copy of action taken to recover Rs.25 akhs from Dr.N.K.Gariguly paid by the ICMR as pay and CPF benefits for Page 1 of 2 the period from 12.3.2001 to 10.11.2007, without approval of the MOH&FW, DOPT.
5. Copy of report about (3) and (4) sent to the Director, PGIMER, Chandigarh to initiate disciplinary proceedings against Dr.N.K.Ganguly to conceal the facts about no approval of MOH&FW, DOPT to allow hith to draw pay as DG, ICMR as reemployed pensioner from 1.12.2003 to 10.11.2007.
6. Copy of the action taken against the officials of the Division of Administration-I not to reveal the facts as at (5) above in their notings to the senior officials of the CMR, thereby allowing Dr.Ganguly to continue as DG, ICMR on foreign Service beyond 12.3.2001 illegally1 unauthorisedly and to draw pay and CPF benefits from 1.12.2003 to 10.11.2007 Illegally and unauthdrisedly.
7. Copy of letter sent to the CVC apprising the facts reported to the Director, PGIMER, Chandigarh about (5) and(S) above.
8. Copy of response received from the CVC about (7) above.
Grounds for the First Appeal:
PIO refused to provide information to the appellant. Order of the First Appellate Authority (FAA):
Not enclosed.
Grounds for the Second Appeal Unsatisfactory reply by PIO and no reply by FAA.
Relevant Facts emerging during Hearing: The following were present Appellant: Mr. J. B. Sharma Respondent: Mr. S.P.Singh, PIO & AO; Mr. R. S. Pillai, Assistant; Ms. Lalit Anand, AO(Vigilance);
The PIO has not provided the information as sought by the appellant. In case the matter has been relates to another ministry or department the RTI application should be transferred to such ministry or department.
Decision:
The Appeal is allowed.
The PIO is directed to provide the complete information as per available records to the Appellant before 05 June 2012.
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 18 May 2012 (In any correspondence on this decision, mention the complete decision number.)(SS) Page 2 of 2