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Central Information Commission

P K Rathore vs Gnctd on 11 August, 2021

Author: Heeralal Samariya

Bench: Heeralal Samariya

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

 द्वितीय अपील संख्या/Second Appeal No.:          CIC/LOKNH/A/2020/139531
                                                 CIC/GNCTD/A/2019/132662

 P K Rathore                                        .....अपीलकताा/Appellant

                                     VERSUS/बनाम

 1. Public Information Officer,
 CPA/DGHS, Govt. of NCT of Delhi,
 Directorate of Health Services,
 Central Procurement Agency, Dispensary Building,
 S-1, School Block, Shakarpur, Delhi - 110092.

 2. Public Information Officer,
 Lok Nayak Hospital, O/o Medical Director,
 Lok Nayak Hospital, New Delhi - 110002.
                                                         ...प्रद्वतवािीगण/Respondents

Relevant facts emerging from appeal:

  CIC/                            LOKNH/A/2020/139531        GNCTD/A/2019/132662
  RTI application filed on   :    16.04.2019                 16.04.2019
  CPIO replied on            :    22.07.2019                 23.04.2019
  First appeal filed on      :    19.08.2019                 02.05.2019
  First Appellate            :    Not on record              Not on record
  Authority order
  Second Appeal              : 15.12.2019                    09.07.2019
  received at CIC
  Date of Hearing            : 11.08.2021
  Date of Decision           : 11.08.2021



              lwpuk vk;qDr                : Jh हीरालाल सामररया
             Information Commissioner :           Shri Heeralal Samariya


                                                                           Page 1 of 5
  Note: Since the above-mentioned matters are identical in nature, therefore,
  the Commission proposes to adjudicate them jointly through the present
                                 order.


                         CIC/LOKNH/A/2020/139531


 Information sought

:

The Appellant sought information as under:
PIO vide letter dated 22.07.2019 provided following reply: Dissatisfied with the reply of the PIO, the Appellant filed a First Appeal dated 19.08.2019.

Grounds for Second Appeal:

The PIO has not provided desired information to the Appellant.
Page 2 of 5
CIC/GNCTD/A/2019/132662 Information sought:
The Appellant sought information as under: PIO vide letter dated 23.04.2019 provided following reply: Dissatisfied with the reply of the PIO, the Appellant filed a First Appeal dated

02.05.2019.

Written submission has been received from PIO, CPA, DGHS, GNCTD, vide letter dated 22.07.2021, as under:

Grounds for Second Appeal:
The PIO has not provided desired information to the Appellant. Page 3 of 5 Relevant Facts emerging during Hearing:
The following were present: -
Appellant: Present in person.
Respondent: (1) Dr. Manoj Kumar Sinha, PIO, MO, CPA, present in person. (2) Dr. Kumud Bharti, PIO, MO, LNH, present in person.

Appellant stated that relevant information, as sought in the instant matter, has not been furnished to him. He further requested the Commission that appropriate and complete information be furnished to him by the concerned PIO.

PIO(s) submitted that appropriate information has already been furnished to the Appellant, vide letter(s) dated 23.04.2019 & 22.07.2019. PIO(s) further submitted that he would abide by the orders of Commission, if any. Upon Commission's instance, PIO submitted that they are willing to provide an opportunity of inspection of relevant records.

Decision:

Commission, on the basis of proceedings and submission made by the parties during hearing, directs the PIO, O/o CPA/DGHS, GNCTD & PIO, O/o Medical Director, Lok Nayak Hospital to provide an opportunity to the Appellant, or any person duly authorized by Appellant on his behalf, to inspect relevant records, as sought by him in the instant RTI Application, on a mutually decided date & time duly intimated to the Appellant by the PIO telephonically and in writing. In case, relevant information pertains to some other Branch/Department, then PIO should procure and provide relevant documents for inspection. PIO must make sure that information, which is exempted from disclosure under the RTI Act, should not be disclosed to the Appellant. Further, copy of documents, if desired by the Appellant upon inspection should be provided subject to the payment of prescribed fees as per Rule 4 of RTI Rules, 2012. The said direction should be complied 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.
The appeal is disposed of accordingly.
Heeralal Samariya (हीरालाल सामररया) Information Commissioner (सूचना आयुक्त) Page 4 of 5 Authenticated true copy (अनिप्रमानितसत्यानितप्रनत) Ram Parkash Grover (राम प्रकाश ग्रोवर) Dy. Registrar (उप-पंजीयक) 011-26180514 Page 5 of 5