File regarding medical reimbursement of treatment of appellant’s late husband - Respondent: currently there is no PIO; sincere efforts made to locate the file - CIC: provide information in 8 weeks; department to take immediate action to appoint PIO
File regarding medical reimbursement of treatment of the late husband of the appellant - Respondent: currently there is no PIO in the department; sincere efforts have been made to try to locate the file - CIC: provide information within eight weeks, Secretary of the Department to take immediate action to appoint PIO
1. Further to Commission’s order of even number dated 22 The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. October 2013, matter was heard again today. The respondents and the appellant as recorded above appeared in person and made submissions. It was stated by Ms Nirmala, A D (Physical) that currently there is no PIO appointed in the Education Department, Rohini Zone, MCD. It was also stated by her that this charge has not been given to any officer after the same was relinquished by the former PIO Ms Sujata Malik. It was also submitted that serious efforts have been made by her and her staff to locate the requested information and that the appellant has been informed vide letter dated 20 November 2013 that the file pertaining to the medical reimbursement having diary number 7692 dated 2 December 2009 was received in the office and was marked to the dealing clerk namely Shri B R Sharma who has since retired. It was stated by Ms Nirmala that in response to letters written to Shri Sharma, he had intimated the Department that he would be able to assist them in locating the said file only towards the end of December as Adjunct to Appeal: No. CIC/DS/A/2012/002680 he was currently out of station. Undertaking was also given by AD (Physical) that effort would be made to also contact the successor of Shri Sharma so that the true facts regarding the whereabouts of the file could be ascertained and subsequently information be provided to the appellant.
2. Commission notes that sincere efforts have been made to try to locate the file which deals with the medical reimbursement on the treatment of the late husband of the appellant. Accordingly Commission allows eight weeks’ time to the PIO to take action as per her statement above.
3. Commission accepts the averments of the former PIO Smt Krishna Chhikara that she had retired on 13 July 2012 and that the RTI application had been received on 9 August 2012 and that she was in no way connected with this matter. Accordingly the penalty proceedings against her are dropped.
4. However, Commission notes that Smt Sujata Malik was the ADE (Gen) during the receipt and pendency of the RTI application and she is directed to appear before the Commission to show cause why penalty should not be imposed upon her for not having provided information to the appellant within the timeframe prescribed under the RTI Act. She is directed to appear before the Commission for personal hearing on the date and time that will be intimated to her separately and the compliance of the orders of the Commission held hereinabove will also be reviewed.
5. It has been stated by Ms Nirmala, AD (Physical) that no CPIO is appeared in the Education Dept., Rohini Zone, North Adjunct to Appeal: No. CIC/DS/A/2012/002680 Delhi Municipal Corporation. This is violative of the provisions of Section 5(1) of the RTI Act. Under the powers of the Commission given as per section 19(8)(a)(ii) of RTI Act. The Secretary of the Department is directed to take immediate action to appoint CPIO in the office of the Department in Rohini Zone under intimation to the Commission.
(Smt. Deepak Sandhu)
Chief Information Commissioner
Citation: Smt. Jagwanti Devi v. North Delhi Municipal Corporation, Rohini Zone in Adjunct to Appeal: No. CIC/DS/A/2012/002680