Central Information Commission
Mr. Ehtesham Khan vs Mcd, Gnct Delhi on 19 May, 2010
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office),
Old JNU Campus, New Delhi - 110067.
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/000967/7787
Appeal No. CIC/SG/A/2010/000967
Relevant Facts emerging from the Appeal:
Appellant : Dr. Navneet Rustagi
D - 116, Raj Nagar-II,
Palam Colony, New Delhi.
Respondent : Mr. H. R. Sharma
Public Information Officer & Addl. Secretary (Health), Health and Family Welfare Department, Govt of NCT of Delhi A-Wing, 9th Level, Delhi Secretariat, I P Estate, New Delhi-110002 RTI application filed on : 16/12/2009 PIO replied : 19/01/2010 First appeal filed on : 27/01/2010 First Appellate Authority order : 15/02/2010 Second Appeal received on : 15/04/2010 S.No. Information Sought Reply of the PIO A. Whether the rates of the applicable dearness allowance The requisite information over the conveyance allowance paid to the doctors for might be obtained from visiting hospitals and dispensaries outside normal duty hospitals. hours for the periods from Sep-2008 till Dec 2008 and from Jan 2009 till Dec 2009.
B. The Appellant wanted following information in respect of It was not an information under reply dated 15/09/2009 of CPIO & Administrative Officer Section 2(f) of the RTI Act. CGHS(GE) which was in regard to RTI ID No. 1283/2008
(i) Whether the reply was applicable to doctor of Question did not arise in view specialist cadre including contractual Jr. of (i). Specialist working under the Deptt. of Health & Family Welfare, GNCTD. As above.
(ii) If yes, whether any office order/circular had been issued by Ministry of Health & Family Welfare, GNCTD.
(iii) If no, number of conferences/seminars which a It was not an information under doctor of specialist cadre working in hospitals Section 2(f) of the RTI Act. of GNCTD, can attend in a year with official sanction of the delegation fee and/or TA/DA by the Head of Department.
(iv) If no, reason for transferring query no. 5 of the RTI ID no. 1283/2008.
Ground for the First Appeal:
Incomplete information received from the PIO. Order of the FAA:
The PIO was directed to provide complete information in respect of query no. B(iii) of the RTI Application.
Ground for the Second Appeal:
Unfair disposal of the appeal by the FAA.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Dr. Navneet Rustagi;
Respondent: Mr. H. R. Sharma, Public Information Officer & Addl. Secretary (Health);
The PIO has been irresponsible in not giving the information for query-A which is clearly seeking information. As far as queries-B are concerned these are seeking clarifications/interpretations and not a matter of record. These are not information as defined under Section 2(f) of the RTI Act.
Decision:
The appeal is partially allowed.
The PIO is directed to provide the information for query-A to the Appellant before 30 May 2010.
The issue before the Commission is of not supplying the complete, required information by the then PIO Mr. Kamal Deep within 30 days as required by the law. From the facts before the Commission it is apparent that the then PIO 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.
Mr. Kamal Deep will give his written submissions showing cause why penalty should not be imposed on him as mandated under Section 20 (1) before 05 June 2010. He will also submit proof of having given the information to the appellant.
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 19 May 2010 (In any correspondence on this decision, mentioned the complete decision number.)(GJ) CC:
To, The then PIO Mr. Kamal Deep through Mr. H. R. Sharma, Public Information Officer & Addl. Secretary (Health);