Central Information Commission
Abhay Kumar Pandey vs National Aids Control Organisation on 8 January, 2021
के ीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमाग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
िशकायत सं या / Complaint No. CIC/NAACO/C/2018/104326
CIC/NAACO/C/2019/649330
Shri Abhay Kumar Pandey िशकायतकता /Complainant
VERSUS/बनाम
PIO, National AIDS Control Organisation ... ितवादीगण /Respondent
Through: Sh. R C Sharma - Under Secretary; Ms.
Alka Ahuja - Director, NACO and Ms. Ruma
Saxena - NC-HR/CPIO
Date of Hearing : 07.01.2021
Date of Decision : 08.01.2021
Chief Information Commissioner : Shri Y. K. Sinha
Relevant facts emerging from complaint:
Since both the parties are same, the above mentioned cases are clubbed
together for hearing and disposal.
Case RTI Filed CPIO reply First FAO 2ndComplaint
No. on appeal dated
104326 17.12.2017 - - - 18.01.2018
649330 29.07.2019 - - - 28.08.2019
Information soughtand background of the case:
(1) CIC/NAACO/C/2018/104326 The Complainant filed an RTI application dated 17.12.2017 seeking certified copy of the proceedings of the First Appeal No. DOADC/A/2017/60016.
Having not received any response from the PIO, Complainant approached the Commission with the instant Complaint.
Facts emerging in Course of Hearing:
A written submission dated 30.12.2020 has been received from CPIO which indicates that the issue at hand had been adjudicated in detail twice by erstwhile Information Commissioners vide orders dated 14.03.2017 and Page 1 of 3 12.09.2019 respectively. She has further submitted documents to substantiate that compliance of the Commission's earlier decision has been duly done by the Respondent vide communication dated 18.04.2018.
In order to ensure social distancing and prevent the spread of the pandemic, COVID-19, video hearing has been scheduled after giving prior notice to both the parties. Both parties attended the hearing through video conference and the Complainant states that he does not wish to press this case and the matter may be closed.
Decision In the light of the Complainant's specific plea, the instant case is dismissed as withdrawn.
(2) CIC/NAACO/C/2019/649330 The Complainant filed an RTI application dated 29.07.2019 seeking information on following 03 points:-
(i) Certified Copy of Standard Operating Manual or Standard Operating Procedures (SoPs) made to deal with the organization like Central Medical Services Society (CMSS), RITES and SAMS Pvt. Ltd. for the procurement arrangements regarding its requirement for fulfilling the National AIDS Control Programme (NACP).
(ii) Does NACO have any provision through which it knows about the work order/purchase-order/NoA(Notification of Award) allocated/awarded to the suppliers by the CMSS for the purpose of fulfilling the requirement of the National AIDS Control Programme (NACP)?
In other words, does CMSS have any policy to share the copy of the work- order/ purchase order/LoA (Letter of Acceptance) or NoA(Notification of Award) with the NACO (which CMSS procures for the NACO's NACP programme) ?
(iii)
(a) Further, does CMSS have shared the work-order or purchase-order or LoA(Letter of Acceptance) or NoA(Notification of Award) allocated/awarded o the suppliers with respect to the tender no. CMSS/PROC/2018-19/NACP/020 or not with the NACO?
(b) Please provide the name of the suppliers who has been awarded the contract for the tender no. CMSS/PROC/2018-19/NACP/020 with the unit price of the item named DBS Card for the NACO? Having not received any response from the PIO, Complainant approached the Commission with the instant Complaint.
Page 2 of 3Facts emerging in Course of Hearing:
A written submission dated 01.01.2021 has been received from PIO/Ministry of Health and Family Welfare which indicates that the RTI application dated 29.07.2019 had been duly responded to vide communication dated 26.09.2019.
Reasons for the delay in dissemination of information have also been provided by the PIO. The Respondent sent a chart containing details of eleven RTI applications received from the Complainant between 16.09.2019 to 17.12.2020 and status of the disposal of the same.
In order to ensure social distancing and prevent the spread of the pandemic, COVID-19, video hearing has been scheduled after giving prior notice to both the parties. Both parties attended the hearing through video conference. Respondent claims to have sent the above submissions dated 01.01.2021 to the Complainant by post on 05.01.2021. Complainant denies receipt of the said submissions. Respondent agrees to send the same submissions by email to the Complainant at the earliest.
During the course of the day, after the hearing, the Complainant has sent an email confirming receipt of the Respondent's email. The Complainant has narrated his dissatisfaction with the fact that DS(Admin & Proc)/FAA had not disclosed information suo-motu, proactively.
Decision Examination of the facts of the case reveal that it is an undisputed fact that there has been a delay of two months in furnishing of response by the Respondent. The Respondent while admitting the delay on their part, has explained that due to the resignation of the then CPIO and time lapse in designating the next CPIO, response to the RTI application was unintentionally delayed. However, considering the reason furnished by the Respondent, the delay in furnishing of the response does not appear to be deliberate or borne out of malafide, particularly in view of the fact that multiple RTI applications filed by the same applicant have been duly answered by the Respondent. Moreover, it is also evident from many previous decisions of this Commission that the applicant has been seeking varied information from the Respondent public authority which have been duly responded from time to time. Under the circumstances, the Commission does not find any reason to adjudicate further in this case.
The case is disposed off accordingly.
Sd/-
Y. K. Sinha ( 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 3 of 3