Penalty proceedings for delay in providing information dropped by CIC
Background of the case
The appellant sought a number of information like the role of Ministry of Health & Family Welfare in the Common Wealth Games 2010 and the expenses on the same. He further asked after how many years in service of CHS, can a MBBS doctor get study leave with or without pay and the number of doctors are on study leave at present. He enquired about the total number of backlog in the vacancy for SC/ST/OBC/Handicapped category in CHS and the initiatives taken for filling of backlog. The PIO provided most of information to the appellant and stated that the remaining information shall be provided directly by the concerned division but the appellant did not receive any information within the mandated time period.
View of CIC
A show cause notice was issued by the Commission for imposing penalty on account of the delay in providing the information. The Commission learnt that the PIO did not hold the information and he in turn transferred the RTI application to other PIOs of 1- MS-Safdarjang Hospital; 2- MS-RML Hospital; 3- Director Sports injury Centre, Safdarjang Hospital; 4- Dy. Director General (P), Dte. GHS. The Commission noted that the PIO and deemed PIO has sent the information to the appellant and in view of this, the penalty proceedings were dropped.
Citation: Mr. Nitesh Kumar Tripathi v. Ministry of Health & Family Welfare in decision No. CIC/AD/C/2011/000848/SG/16021-Adjunct