Central Information Commission
Mr.Ashwani Kumar vs Ministry Of Health And Family Welfare on 22 December, 2011
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2011/002874/16535
Appeal No. CIC/SG/A/2011/002874
Relevant facts emerging from the Appeal:
Appellant : Mr. Ashwani Kumar,
S/o Sh. S P Shukla,
House No. 1058, Ist Floor,
Sector- 18-C, Chandigarh -160018.
Respondent : Mr. Sukhjit Singh
Public Information Officer & Superintendent ,
Ministry of Health & Family Welfare
Post Graduate Institute of Medical Education
And Research (Nehru Hospital),
Vigilance Cell - RTI
Sector-12, PGI, Chandigarh
RTI application filed on : 06-05-2011
PIO replied on : 18-07-2011
First Appeal filed on : 22-06-2011
First Appellate Authority order of : not ordered
Second Appeal received on : 12-10-2011
Information sought: the appellant asked regarding
1. Noting Portion and Copies of action taken on my Notes dated 10.03.2007, 16.04.2008, 8.04.2008 & 28.04.2009 for providing one Assistant.
2. Copy of Office order for appointing of members for Opening of EOI/Pre bid Committee.
3. Copies of minute of Opening of [Ol/pre bid committee meetings.
4. Copy of Office Order for appointing of members of Tender Opening & Tender Evaluation Committee/Tender Allotment Committee.
5. Copies of minutes/proceeding of Tender Opening Committee, Evaluation and Tender Allotment Committee.
6. Copies of comparative statement prepared by the Tender Evaluation Committee.
7. Copies of presentation given by the intending bidders before tender Evaluation Committee Open the Price Bid.
8. Minutes of recommendations of the Committee after presentation by the intending bidders.
9. Copy of Office Order in which the Director, PCI constitute the Committee to inquire the matter for change of address of successful bidders.
10. Copies of Noting portion regarding allotment of housekeeping works to M/s Helpline & Ms/ Skylarks.
11. Copies of the statements made by following officials in the present of said Committee on 29.10.2010, 12.11.2010 19.11.2010 & 25.11.2010:-
(a) Shri Rajneesh Anand, the then as Sr. Administrative Officer (H)
(b) Shri Tilak Raj Shamra the then Asstt. Admn. Officer (G)
(c) Shrr B.M.L, Gupta, Consultant.
(d) Shri Swaran Singh, the then Superintendent (G)
(e) Shri Desh Raj, Assistant.
(f) Ashwani Kumar, LOG (Record Keeper)
(g) Shri B.P. Joshi, Daftari
12. Copies of statement made on 25.11.2010 by Shri Desh Raj, Ashwani Kumar, Shri Tilak Raj Page 1 of 4
13. Copies of action taken by the authority on the representation submitted by the undersigned on 16.11.2010 & 22.11.2010 along with noting portion.
14. Copies of award letter issued to the successful bidders i.e. M/s Skylar & M/s Helpline respectively.
15. Copies of acceptance letter received from the successful bidders.
16. Copies of dispatch register maintaina4y the concerned seat Record Keeper/Dealing Hand before issuing the letter to the Daftari.
17. Copies of Dispatch Register maintain by the Daftari of General Branch in which the award letter was received by the successful bidder by hand.
18. Copies of Keep waste correspondence file in which amended award letter by the various officers.
19. Copies of Preliminary Inquiry Report submitted by Mrs. Shashi Thakur, Dr. AK. Shalla and Dr. A. Chakrabarti to Director, PCI.
20. Copies of Noting Portion regarding action taken by the Director, PGI on the Preliminary Inquiry Report submitted by above said officers.
The PIO reply:
The requisite information related to the vigilance cell is as under:-
11. Copies of the statements made by a copy of inquiry report following officials in the present of along with annexure said committee on 29-10-2010 statements are enclosed as 12-11-2010, 19-
11-2010 & Annexure - I 25-11-2010.
a. Shri Ramesh Anand and then as Sr. Administrative Officer (H). b. Sh. Tilak Raj Sharma the then Asstt. Admn. Officer (G). c. Sh B L Gupta Consultant Superintendent (G).
d. Shri Desh Raj Asstt.
e. Sh. Ashwani Kumar LDC (Record Keeper).
f. Sh. B P Joshi Daftri.
12. Copies of statement made on 25-11-2010 by Sh Desh Raj, Sh Ashwani Kumar, Sh Tilak Raj.
19. Copies of preliminary inquiry report5 submitted by Mrs Shashi Thakur, Dr A K Bhalla and Dr. A Chakrabarti to Director PGI.
13. Copies of action taken by the letter dated 22-11-2010 has authority on the representation been receive in the vigilance submitted by the undersigned on cell. The concerned noting 16-11- 2010 & 22-11-2010 portion is enclosed as along with noting portion annexure -II.
Grounds for the First Appeal:
The appellant was not satisfied with the PIO reply.
Order of the First Appellate Authority:
No order was issued by FAA Ground of the Second Appeal:
The appellant was not satisfied with the PIO and no order was issued FAA.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Mr. Ashwani Kumar;
Respondent: Mr. Sukhjit Singh, Public Information Officer & Superintendent on video conference from NIC-Chandigarh;
The Appellant admits that he had not provided some particulars earlier which he has provided only on 17/11/2011. The PIO states that consequent to receiving his clarifications from the Appellant he has asked for the information from Mr. Rajneesh.Page 2 of 4
The PIO states that he has given all the information which he has with him but some of the information has to be obtained from Mr. Rajneesh, Administrative Officer.Page 3 of 4
Decision:
The Appeal is allowed.
The PIO is directed to provide the complete information which Mr. Rajneesh has to give him to the Appellant before 10 January 2012. 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 22 December 2011 (In any correspondence on this decision, mention the complete decision number.)(AS) Page 4 of 4