Central Information Commission
Dr.P.S.Jain vs M/O Health & Family Welfare on 11 August, 2009
Central Information Commission
CIC/AD/A/2009/000711
Dated August 11, 2009
Name of the Applicant : Dr.P.S.Jain
Name of the Public Authority : M/o Health & Family Welfare
Background
1. The Applicant filed an RTI application dt.12.3.09 with the CPIO, M/o Health & Family Welfare. He stated that election for the membership of the MCI from Haryana Registered Medical Graduate Constituency was held on 30.3.07 and on the basis of his complaint, he being a contesting candidate, the Central Govt. countermanded the election. He added that the Central Govt. forfeited the right to participate in the election of Dr.Ram Chandra Singh for a further period of 5 years for not intimating his change of address to MCI and State Medical Council Haryana. He further added that Central Govt decided that the disciplinary authority in respect of the Returning Officer, Dr.S.S.Sangwan, Director, PGI, Rohtak will initiate disciplinary proceedings against him and requested the Haryana Medical Council to update the State Medical Register and to initiate necessary action urgently for conducting reelection at the earliest. In this context, the Applicant requested for the following information:
i) An attested copy of the note sheet from initiation to the disposal of the complaints in connection of the above decision of countermanding the election held on 30.3.07 for the membership of MCI from Haryana Registered Medical Graduate Constituence u/s 3(1)(c) of the IMC Act, 1956
ii) Attested copy of all the representations made if any by Dr.Ram Chander Singh in the matter.
iii) A copy of the disciplinary action taken if any by the Disciplinary authority against the Returning Officer, Dr.S.S.Sangwan, Director, PGI, Rohtak The CPIO replied on stating that the relevant file relating to countermanding of election of RMG constituency of Haryana is presently not traceable. In view of this, his office is not in a position to provide the copies of the relevant papers relating to this matter at this juncture and that information will be provided as and when the file is traced. He also added that the Ministry is not the disciplinary authority in this case.
Not satisfied with the reply, the Applicant filed an appeal dt.25.3.09 with the Appellate Authority. The Appellate Authority replied on 16.4.09 upholding the decision of the CPIO. Aggrieved with the decision of the Appellate Authority, the Applicant filed a second appeal dt.13.5.09 before the CIC.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for August 11, 2009.
3. Mr.K.V.S.Rao, Dy. Secretary and Mr.C.H.V.J.Sridhar, UDC represented the Public Authority.
4. The Applicant was not present during the hearing.
Decision
5. The Respondent submitted that the file relating to the countermanding of election was misplaced and could not be located despite all efforts including issuing circular/memos etc to different units of the Ministry. He stated that the file was reconstructed to some extent and that the Appellant had inspected the reconstructed file on 22.4.09. He added that the Appellant, however, is insisting on seeing the original file.
6. In the light of the Applicant's contention that the CPIO has deliberately misplaced or destroyed the original file, the Commission directs the CPIO to lodge an FIR about the missing file under intimation to the Commission and to provide an affidavit duly signed by the Appellate Authority to the Appellant stating that the file has been lost and therefore information cannot be provided. The entire exercise should be completed by 10.9.09.
7. The appeal is accordingly disposed of.
(Annapurna Dixit) Information Commissioner Authenticated true copy:
(G. Subramanian) Asst. Registrar Cc:
1. Dr.P.S.Jain 61, New Rajdhani Enclave Vikas Marg New Delhi 110 092
2. Shri K.V.S.Rao The CPIO & Dy. Secretary M/o Health & Family Welfare Room No.522, "A' Wing Nirman Bhawan New Delhi 110 011
3. Shri Debasish Panda The Appellate Authority & Joint Secretary M/o Health & Family Welfare Room No.146-A Nirman Bhawan New Delhi 110 011
4. Officer in charge, NIC
5. Press E Group, CIC