Central Information Commission
Gyanendra Singh vs Indian Council Of Medical ... on 22 June, 2021
केन्द्रीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमागग, मुननरका
Baba Gangnath Marg, Munirka
नईनिल्ली, New Delhi - 110067
द्वितीय अपील संख्या / Second Appeal No. CIC/ICOMR/A/2019/659829
CIC/ICOMR/A/2019/659827
Shri Gyanendra Singh ... अपीलकताा /Appellant
VERSUS/बनाम
PIO, ICMR ...प्रद्वतवादीगण /Respondent
Through: Dr. R Laxminarayanan
Date of Hearing : 21.06.2021
Date of Decision : 22.06.2021
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 on
659829 04.09.2019 - 07.10.2019 - 14.12.2019
659827 04.09.2019 - 07.10.2019 - 14.12.2019
Information soughtand background of the case:
(1) CIC/ICOMR/A/2019/659829 The Appellant filed an RTI application dated 04.09.2019 seeking information on the following 11 points:-
1. The student name of Gyanendra Singh has deposited his complaint to the Honourable Dr. U D Gupta Ji, Director, National JALMA Institute for Leprosy & Other Mycobacterial Diseases, Tajganj, Agra Government of India through an email dated on 23-11-2016 on his email. The copy of the email is enclosed. From the date of 23-11-2016 to till to date, the journey of said complaint that has passed through the different/ various officials of different departments and the good office of Honourable Director, National JALMA Institute for Leprosy & Other Mycobacterial Diseases, Tajganj, Agra. Kindly provide the date-wise documents of availability or receipt the complaint of undersigned.Page 1 of 4
2. Provide any action taken on the mentioned letter by Honourable Director, National JALMA Institute or any other concerned person. Provide the day to day progress on it.
3. Weather, the respected officials or Honourable Director, National JALMA Institute for Leprosy & Other Mycobacterial Diseases, Tajganj, Agra-282001 Has given any guideline/ verbal instruction/ written letter/ written comment to resolve or taking care of this issue mentioned in my request letter dated 23-11-16. Kindly provide that letter or comments or any other document/email for that order/comment.
4. Provide the date-wise or day to day progress of my request letter since I have submitted dated on 23-11-16.
5. Weather, the Honourable Director, National JALMA Institute, or any other concerned person has received any guideline/ verbal instruction/ written letter/ written comment from the higher authorities of Government of India or any constitutional body from the Government of India to resolve or taking care of this issue mentioned in my application dated 23-11-16. Kindly provide that letter or comment or any other document for that order.
6. Mentioned the name, post name, department name, email and contact number whom the application is lying around after my submission.
7. Whether the good office of Honourable Director, National JALMA Institute or any other officials can identify the person who responsible for this act.
8. As per your citizen charters guidelines, how many days are required to resolve the issues, which was mentioned in my request letter dated 23-11-16.
9. Kindly provide the reason for not taking action in the given time frame.
10. Any letter has been given to any concerned officer of the National JALMA Institute provide a copy of that letter.
11. Provide any rules have been made to prevent the exploitation which has mentioned in my complaint dated 23-11-2016 of scheduled caste students by the government officials of India, try to make available the above.
Having not received any information from the CPIO, the Appellant filed a First Appeal dated 07.10.2019 and the same remained unheard.
Aggrieved over non-receipt of the information, the Appellant approached the Commission with the instant Second Appeal.
(2) CIC/ICOMR/A/2019/659827 The Appellant filed an RTI application dated 04.09.2019 seeking information on the following 11 points:-
Page 2 of 41. The student name of Gyanendra Singh has deposited his complaint to the Honourable Mrs. (Dr.) Somya Swaminathan Ji, Director General of ICMR Government of India through an email dated on 23-11-2016 on his email at [email protected], The copy of the email is enclosed. From the date of 23-11-2016 to till to date, the journey of said complaint that has passed through the different/ various officials of different departments and the good office of Honourable Mrs. (Dr.) Somya Swaminathan Ji, Director General of ICMR Government of India. Kindly provide the date- wise documents of availability or receipt the complaint of undersigned.
2. Provide any action taken on the mentioned letter by Honourable Mrs. (Dr.) Somya Swaminathan Ji, Director General of ICMR or any other concerned person. Provide the day to day progress on it.
3. Weather, the respected officials or Honourable Mrs. (Dr.) Somya Swaminathan Ji, Director General of ICMR Government of India Has given any guideline/ verbal instruction/ written letter/ written comment to resolve or taking care of this issue mentioned in my request letter dated 23-11-16. Kindly provide that letter or comments or any other document/email for that order/comment.
4. Provide the date-wise or day to day progress of my request letter since I have submitted dated on 23-11-16.
5. Weather, the Honourable Mrs. (Dr.) Somya Swaminathan Ji, Director General of ICMR, or any other concerned person has received any guideline/verbal instruction/written letter/written comment from the higher authorities of Government of India or any constitutional body from the Government of India to resolve or taking care of this issue mentioned in my application dated 23-11-16. Kindly provide that letter or comment or any other document for that order.
6. Mentioned the name, post name, department name, email and contact number whom the application is lying around after my submission dated 23-11-2016.
7. Whether the good office of National JALMA Institute or any other officials can identify the person who responsible for this act.
8. As per your citizen charters guidelines, how many days are required to resolve the issue which was mentioned in my request letter dated 23- 11-16.
9. Kindly provide the reason for not taking action in the given time frame.
10. Any letter has been given to any concerned officer of the National JALMA Institute for Leprosy and other Mycobacterial disease, Tajganj Agra UP.
11. Provide any rules have been made to prevent the exploitation which has mentioned in my complaint dated 23-11-2016 of scheduled caste students by the government officials of India, try to make available the above manual.
Having not received any information from the CPIO, the Appellant filed a First Appeal dated 07.10.2019 and the same remained unheard.
Page 3 of 4Aggrieved over non-receipt of the information, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
In order to ensure social distancing and prevent the spread of the pandemic, COVID-19, hearing through audio conference was scheduled after giving prior notice to both the parties. Both parties are heard through audio conference and the Appellant claimed that he has not been provided any information in response to his queries. The Respondent replied that the information sought was not held by ICMR and pertained to National JALMA Institute. He was informed that the actual custodian of information had furnished some response to the Appellant, but required some time to check and submit before the Bench.
Decision:
The Respondent was granted time to verify and submit the correct facts, within a day. An email has been received from the Respondent which reveals that information sought by the Appellant vide the aforementioned RTI applications had not been furnished by National JALMA Institute, though the RTI applications had been duly transferred to them by ICMR. The Respondent- PIO/ICMR has in his email tendered his apology for the lapse and assured that he shall make necessary arrangement for dissemination of the relevant information by the actual custodian of information, viz. NJIL&OMD, Agra or the National JALMA Institute as mentioned in the RTI applications.
On analysing the facts of the case, the Commission hereby directs PIO/ICMR- Dr. R Laxminarayanan to ensure that relevant information is accessed from the actual custodian of information, in terms of provisions of the RTI Act and furnished to the Appellant within three weeks of receipt of this order. A compliance report in this regard must be submitted by PIO/ICMR, before the Commission by 31.07.2021. In view of the facts explained by the Respondent in his email, the Commission condones the lapse on the part of the Respondent this time but advises him to be diligent in future, and strictly adhere to provisions of the RTI Act, to avoid recurrence.
The appeals are disposed off accordingly.
Y. K. Sinha (वाई. के. नसन्हा) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अद्विप्रमाद्वणत सत्याद्वपत प्रद्वत) S. K. Chitkara (एस. के. द्विटकारा) Dy. Registrar (उप-पंजीयक)/011-26186535 Page 4 of 4