Central Information Commission
Mr.H S Kasabe vs Ministry Of Health And Family Welfare on 16 September, 2011
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/AD/A/2011/001455/SG/14641
Appeal No. CIC/AD/A/2011/001455/SG
Relevant facts emerging from the Appeal:
Appellant : Mr. H. S. Kasabe,
Dresser, CGHS Wellness center No. 23,
Mint Colony, Ground floor,
Parel Mumbai- 400012
Respondent : Dr. Lunwara
PIO & Chief Medical Officer CGHS, Old CGO building, Ground floor, south wing 101, M. K road, New Marine lines Mumbai - 400020 RTI application filed on : 08/01/2011 PIO replied on : 04/02/2011 First Appeal filed on : 25/02/2011 First Appellate Authority order on : 22/03/2011 Second Appeal received on : 25/05/2011 Sl. Query Reply of PIO
1. Please provide what is the transfer policy of Concerned PIO replied transfer policy in respect of Gr. "C" & "D staff framed by the Govt. Gr. C & D staff is a policy matter and transfers are done as per technical & administrative requirement in order to run CGHS smoothly and efficiently.
2. Please provide since how long the above Concerned PIO replied that the following employees employees are working at their present are working at present as shown below places. 1. Mr Gaikwad, Pharmacist , CGHS W/C CGO
2. Mr Nilakhe, Pharmacist CGHS W/C CGO
3. Mr Sapkal , Dresser CGHS W/C CGO
4. Mr P.S Sawant , LDC CGHS P/C CGO
5. Mrs. Suhasini Dongre, ANM, CGHS P/C CGO
3. Please provide the reasons for not ordering It is policy matter.
their transfers.
4. Please provide whether in the event of It is as per requirement Transfer policy, the above employees will be transferred or not.
5. Please provide whether it is a fact that the No. transfers of the above employees were ordered and cancelled subsequently.
Grounds for the First Appeal:
Reply of the PIO was dissatisfactory, incomplete, irrelevant and wrong. Order of the First Appellate Authority (FAA):
According to the FAA's order the PIO's reply was jotted along with that the postings of union functionaries are being done either in administrative or nearer CGHS as per DOP Ministry of Public grievances and pension , however the posting of Mr. Dogra has been CGHS policlinic CGO . Ground of the Second Appeal:
Information furnished by the PIO & FAA was incorrect and not satisfactory.
Relevant Facts emerging during Hearing:
The following were present Appellant: Mr. H. S. Kasabe on video conference from NIC-Mumbai Studio; Respondent: Dr. Lunwara, PIO & Chief Medical Officer on video conference from NIC-Mumbai Studio;
The PIO has given certain information but is now directed to provide the following information:
1- Query-1: An attested copy of the transfer policy. 2- Query-2: The PIO will provide the number of years for which the specific officers have been posted.
3- The PIO has also explained that the reasons why some of the officials are not transferred.
He has mentioned a circular issued by DOPT which states that office bearers of Union should be kept in the main office so that they can carry out their union activities effectively. The PIO is directed to provide the copy of the circular to the Appellant.
Decision:
The Appeal is allowed.
The PIO is directed to provide the information as directed above to the Appellant before 10 October 2011.
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 16 September 2011 (In any correspondence on this decision, mention the complete decision number.) (MG)