Central Information Commission
Mr.Subhash Chandra Agrawal vs Government Of Nct Of Delhi on 16 March, 2011
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/001339/11398Adjunct
Complaint No. CIC/SG/C/2010/001339
Relevant Facts emerging from the Complaint:
Complainant : Mr. Subhash Chandra Agarwal
1775 Kucha Lattushah
Dariba, Chandni Chowk
Delhi 110006
Respondent (1) : Dr. Ashok Kumar
Public Information Officer & CMO, Directorate of Health Services Govt of NCT Of Delhi Swasthya Sewa Nideshalaya Bhawan, F-17, Karkardooma, Delhi-110032 Respondent (2) : Dr. S. S. Ranga PIO & Joint Director Delhi State AIDS Control Society, BSA Hospital Campus, Rohini, Sector-6, Delhi-110085 Respondent (3) : Mr. Y. D. Mehta SPIO (RTI Cell) & Project Officer Organizing Committee Secretariat Commonwealth Games 2010, New Delhi City Centre- Tower II, Opposite Jantar Mantar, Jai Singh Road, New Delhi-110001 RTI application filed on : 26/06/2010 PIO replied : Not replied First appeal filed on : Not appealed Complaint received on : 03/11/2010 Complaint notice sent on : 10/11/2010 Information Sought:
Refering to NDTV report dated 25.06.2010 where Rajya Sabha Member Shri Mani Shanker Iyer has been shown revealing one lakh pieces of condoms have been booked for forthcoming Commonwealth Games 2010 to be held at New Delhi in October,2010. Following information is sought:
1. State whether its true that condoms have been booked towards forthcoming Commonwealth Games 2010 at New Delhi.
2. If yes, number of condoms booked and file notings on decision taken to book condoms.Page 1 of 4
3. Name of the company to supply condoms mentioning also varieties, brand names etc all the details of booked condoms in each variety/brand.
4. Details if it is mandatory requirement of Commonwealth Games to have condoms for delegates/ sportspersons/other participating in Commonwealth Games.
5. If yes, copy of any such mandatory requirement to be furnished
6. Specify whether condoms be part of kit apartments of those coming for the Commonwealth Games.
7. If not, manner in which condoms will be available for those coming for the said Games.
8. List of cosmetics/toiletries/consumables to be made available in apartments/rooms for stay/toilets/bathrooms etc for participants/sports-persons/others who are coming for the Games.
9. Any other related information
10. File notings on movement of this RTI petition as well Reply of Public Information Officer (PIO):
Not replied Ground for First Appeal:
Not appealed.
Ground of the Complaint:
No reply from PIO.
Submission received:
PIO (Directorate Of Health Services) replied on 29/11/10 giving answer to just first two points of the RTI stating
1. "Yes
2. The RTI was transferred from PIO, O.C.,CWG directly to Nodal Officer, CWG, DHS (HQ), instead of PIO, RTI, DHS(HQ) on 21/10/10. The delay is because of not transferring the RTI application to PIO."
He further enclosed copies of letter through which application was transferred to PIO , CWG Cell on 15 October, 2010 as some of the items seemed to be closely connected to it. The Director transferred to the Joint Secretary, Ministry of Youth affairs and Sports dated 09/09/2010. The Nodal Officer (CWG Cell), dated 25/10/10, stated that Item No. 7 is related to Delhi State AIDS Control Society, that have installed a Condom vending Machine at the Games Village, Polyclinic and Item No. 8 related information pertains to the Cell. The Application was further transferred to the Project Director, DSACS, BSA Hospital Campus on the same date.
Relevant Facts emerging during Hearing:
All the parties were given an opportunity for hearing. However, not of the parties appeared. From a perusal of the papers it appears that the Complainant had filed the RTI Application with the Organizing Committee of the Commonwealth Games, which he had sent on 20/06/2010 by speed post. It appears that the PIO of the Organizing Committee (CWG) did not provide any information but has transferred it to PIO of Directorate of Health Services (HQ), Karkardooma on 21/10/2010. PIO of Directorate of Health Services had provided some six pages of information to the Complainant which do not appear to be relevant.
Commission's Decision dated 10 February 2011:
The Complaint was allowed.
"The PIO Directorate of Health is directed to provide the complete information as per records to the Complainant before 05 March 2011.Page 2 of 4
The issue before the Commission is of not transferring the RTI application the PIO of Organizing Committee, Commonwealth Games within 05 days as required by the law. From the facts before the Commission it appears that the PIO is guilty of not transferring the RTI Application within the time specified under Section 6(3) of the RTI Act. It appears that the PIO's actions attract the penal provisions of Section 20 (1). A showcause notice is being issued to him, and he is directed give his reasons to the Commission to show cause why penalty should not be levied on him.
PIO of Organizing Committee of Commonwealth Games will present himself before the Commission at the above address on 16 March 2011 at 4.30pm alongwith his written submissions showing cause why penalty should not be imposed on him as mandated under Section 20 (1).
Another issue before the Commission is of not supplying the complete, required information by the PIO, Directorate of Health Service (HQ) within 30 days as required by the law. From the facts before the Commission it appears that the PIO, DHS(HQ) is guilty of not furnishing information within the time specified under sub-section (1) of Section 7 by not replying within 30 days, as per the requirement of the RTI Act.
It appears that the PIO's actions attract the penal provisions of Section 20 (1). A showcause notice is being issued to him, and he is directed give his reasons to the Commission to show cause why penalty should not be levied on him.
The PIO, Directorate of Health Service (HQ) will present himself before the Commission at the above address on 16 March 2011 at 4.30pm alongwith his written submissions showing cause why penalty should not be imposed on him as mandated under Section 20 (1). He will also bring the information sent to the appellant as per this decision and submit speed post receipt as proof of having sent the information to the appellant."
Relevant facts emerging at the show cause hearing held on March 16, 2011: The following were present:
Appellant: Absent;
Respondent (1):Dr. Ashok Kumar, Public Information Officer & CMO and Dr. Praveen Kumar CMO(CWG-2010), Directorate of Health Services, Karkarduma, Delhi; Respondent (2):Dr. S. S. Ranga, PIO & Joint Director, Delhi State AIDS Control Society, Rohini; Respondent (3):Mr. Y. D. Mehta, SPIO (RTI Cell) & Project Officer Organizing Committee Secretariat, Commonwealth Games 2010;
The PIO of the Organizing Committee states that he received the RTI application on 28/06/2010 and transferred it to the PIO Directorate of Health Services on 29/06/2010. He has produced the speed post receipt showing that this was dispatched to Dr. Praveen Kumar, CMO(CWG-2010) on 01/07/2010. Dr. Praveen Kumar states that he is not aware about receiving this RTI application. However, PIO Directorate of Health Services given a reply to the Complainant on 29/11/2010 giving reply to the first two queries of the Complainant. Thus from the evidence produced before the Commission it appears that the RTI application was effectively transferred on 01/07/2010 to the PIO Directorate of Health Services. The PIO of Directorate of Health Services states that he did not receive the RTI application. It is possible that his response of 29/11/2010 was in response to the Commission notices of 10/11/2010. In view of this the Commission drops the penalty proceedings.
PIO Directorate of Health Services and Delhi State AIDS Control Society have both sent the information to the Complainant after the order of the Commission. The Complainant has sent an email stating that he is not satisfied with the information provided but has not clearly outlined the reasons for the dissatisfaction. In view of this the Commission directs the PIO to provide an inspection of the relevant Page 3 of 4 records if the Complainant or his representative wishes to inspect them. They will also provide attested photocopies of documents which the Complainant wants.
Adjunct Decision:
The Commission directs PIO Directorate of Health to facilitate an inspection of the relevant records if the Complainant comes for inspection on 04 April 2011 from 10.30AM onwards.
The Commission also directs PIO Delhi State AIDS Control Society to facilitate an inspection of the relevant records if the Complainant comes for inspection on 07 April 2011 from 10.30AM onwards.
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 March 16, 2011 (In any correspondence on this decision, mention the complete decision number.)(SM) Page 4 of 4