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Venkat Raman Prusty vs Aiims, Rishikesh on 2 September, 2024

Author: Heeralal Samariya

Bench: Heeralal Samariya

                                   के न्द्रीय सूचना आयोग
                          Central Information Commission
                               बाबा गंगनाथ मागग, मुननरका
                          Baba Gangnath Marg, Munirka
                           नई दिल्ली, New Delhi - 110067

नितीय अपील संख्या / Second Appeal No. CIC/AIMRS/A/2023/643535.

Shri Venkat Raman Prusty.                                         ... अपीलकताग/Appellant
                                    VERSUS/बनाम

PIO,                                                         ...प्रनतवािीगण /Respondent
AIIMS, Rishikesh.


Date of Hearing                           :   29.08.2024
Date of Decision                          :   29.08.2024
Chief Information Commissioner            :   Shri Heeralal Samariya

Relevant facts emerging from appeal:
RTI application filed on          :            25.06.2023
PIO replied on                    :            21.07.2023
First Appeal filed on             :            27.07.2023
First Appellate Order on          :            05.09.2023
2ndAppeal/complaint received on   :            12.09.2023

Information sought

and background of the case:

The Appellant filed an RTI application dated 25.06.2023 seeking information on following points:-

"1. What are the recruitment rules for the post of Audiologist, at AIIMS, Rishikesh?

2. Is the recruitment rule for the post of Audiologist at AJIMS, Rishikesh, is at par with the Recruitment rules specified in the attached documents- AIIMS RR for new six AIIMS, 2015? (Attached)

3. Is the post of Audiologist at AIIMS, Rishikesh, same as the post of Audiometry Technician, in educational qualification?

4. Is the post of Audiologist at AIIMS, Rishikesh, same as the post of Audiometry Technician, in cadre?

5. Is the changes/ amendments in Recruitment rules for the post of Audiologist from Audiometry Technician, approved by competent authority?

6. Please provide a copy of the proceeding changes or amendments in Recruitment rules for the post Audiologist from the post of Audiometry Technician, at AIIMS, Rishikesh."

The CPIO vide letter dated 21.07.2023 replied as under:-

"All sanctioned post of AIIMS, Rishikesh is available on the PMSSY website- pmssy- mohfw.nic.in/orderscircular.aspxand and all recruitment rules of the sanctioned post of AIIMS, Rishikesh is available on the Page 1 of 3 institute's web site aiimsrishikesh.edu. You are advertised to visit the institute's website for information of the said posts."

Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 27.07.2023. The FAA, Dy. Director (Admin) vide order dated 05.09.2023 stated as under:-

"It has been confirmed by the CPIO that available information has already been given by him within time, further clarifications are as under:

All sanctioned post of AIIMS, Rishikesh is available on the PMSSY website- https://pmssy-

mohfw.nic.in/index1.php?lang=1&level=1&sublinkid=73&lid=37 and all recruitment rules of the sanctioned post of AIIMS, Rishikesh is available on the institute's web site https://aiimsrishikesh.edu.in/a1_1/?page_id=2282. You are advised to visit the institute's website for information of the said posts. In view of above the instant Appeal is disposed off accordingly."

Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.

Written submission has been received from CPIO, AIIMS Rishikesh and same has been taken on record.

Facts emerging in Course of Hearing:

Appellant: Present through audio-conferencing.

Respondent: Mr. Pradeep Chandra Pandey, Law officer, AIIMS Rishikesh- participated in the hearing through video-conferencing.

The Appellant stated that the relevant information has not been furnished to him within stipulated time frame. He further stated that the website link provided by the PIO is not functional. He requested to direct the PIO to furnish the copy of recruitment rules of AIIMS Rishikesh.

The Respondent stated that the relevant information has been duly provided to the Appellant. He stated that the recruitment rules are already available in public domain and the relevant link in respect of recruitment rules of AIIMS Rishikesh has been furnished to the Appellant. He affirmed to furnish a copy of recruitment rules of AIIMS Rishikesh to the Appellant.

Decision:

At the outset, Commission directs the concerned PIO to furnish a copy of their latest written submission along with annexures if any, to the RTI Applicant, free of cost via speed-post and via e-mail, within 07 days from the date of receipt of this order and accordingly, compliance report be sent to the Commission.

Commission, after perusal of case records and submissions made during hearing, directs the concerned PIO to copy of recruitment rules of AIIMS Rishikesh as available in their records to the Appellant, free of cost via speed post, within 30 days from the date of receipt of this order and accordingly compliance report to this effect be duly sent to the Commission by the PIO.

Appeal is disposed of accordingly.

Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 of 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-

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