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Central Information Commission

Jitendra Anandrao Chawan vs Ministry Of Health & Family Welfare on 28 February, 2017

                    CENTRAL INFORMATION COMMISSION
                   August Kranti Bhawan, Bhikaji Cama Place,
                              New Delhi-110066

                                             F. No.CIC/YA/A/2014/000099

Date of Hearing                     :   27.02.2017
Date of Decision                    :   27.02.2017

Appellant/Complainant               :   Jitendra Anandrao Chawan


Respondent                          :   Central Institute of Psychiatry
                                        Through:
                                        Mr. Vipin Prasad, APIO and Dr. J S
                                        Kachha, PIO

Information Commissioner            :   Shri Yashovardhan Azad

Relevant facts emerging from appeal:

RTI application filed on            :    02.01.2013
PIO replied on                      :    23.02.2013 & 18.02.2017
First Appeal filed on               :    25.03.2013
First Appellate Order on            :    03.04.2013
2nd Appeal/complaint received on    :    11.11.2016

Information sought

and background of the case:

Vide RTI application dated 02.01.2013, the appellant sought information under point no. 1 to 10 are about the witness/statement given by a mentally retarded child in the Hon'ble session court. The CPIO replied vide letters dated 23.02.2013 & 18.02.2017. Not satisfied with the response received from CPIO, the appellant filed first appeal. The FAA upheld the reply of CPIO vide order dated 03.04.2013. Feeling aggrieved, the appellant approached the Commission.
Relevant facts emerging during hearing:
The appellant did not appear for the hearing, while the Respondent appeared and submitted that information sought related to statement given by a mentally retarded child before Court and was denied since the matter in question was sub judice and required opinion of the PIO on interpretation of law.
Decision:
It is noted that appellant has failed to appear in the matter. The queries as sought vide the RTI application indeed required legal opinion on the specific point of statement recorded of a mentally retarded child. The response of the PIO is found appropriate. No further directions are required in this case.
The appeal is disposed of.
(Yashovardhan Azad) Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(R.P.Grover) Designated Officer Copy to:-

Nodal Officer - RTI Cell,             First Appellate Authority under
Medical                               RTI
Superintendent, Central               Competent officer-
Institute of Psychiatry,              Administration Central
Establishment                         Institute of Psychiatry,
Section, Kanke, Ranchi-834006         Kanke, Ranchi-834006
(Jharkhand).                          (Jharkhand).

JITENDRA ANANDRAO CHAWAN
At - Anjanvihire, Post Office
- Anjanvihire, Tal. -
Dharangaon, District -
Jalgaon-425103 (Maharashtra).
Maharashtra