Transfer of application u/s 6(3) - CIC: Appropriate response as per the provisions of the RTI Act has been provided and the Respondent is not obliged to transfer the RTI application to the State Government as per the DoPT OM 10/2/2008-IR dated 12.06.2008
Information sought and background of the case:
The Appellant filed an RTI application dated 15.03.2019 seeking entire file relating to action taken on his complaint against Dr. Amulya Singh before Chairman, Bihar Council of Medical Registration, Rajendra Nagar, Patna. Having not received a reply from the CPIO, the Appellant filed a First Appeal dated 22.04.2019 which was not adjudicated by the First Appellate Authority. However, a reply dated 19.04.2019 sent by the Dy Secretary; Board of Governors in Supercession of Medical Council of India is available on record wherein it was stated that the query pertains to Bihar Council of Medical Registration, Patna. The FAA and Addl Secretary, Board of Governors in Supersession of Medical Council of India vide order dated 09.07.2019 concurred with the response of the CPIO. Feeling aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
The Appellant remained absent during the hearing despite prior intimation. The Respondent represented by Miss Anjali Rana, Section Officer participated in the hearing through video conference. She reiterated the CPIO’s response and stated that the queries of the Appellant fall within the ambit of the Bihar Council of Medical Registration which is governed by the State Government of Bihar.
Keeping in view the facts of the case and the submissions made by the Respondent, the Commission is of the view that appropriate response as per the provisions of the RTI Act, 2005 has been provided and the Respondent is not obliged to transfer the RTI application to the State Government. In this context, the Commission refers to the DoPT OMs/circular No. 10/2/2008-IR dated 12.06.2008, the relevant extract of which is as under:
“Given hereunder are some situations which may arise in the matter and action required to be taken by the public authorities in such cases: (iv) If a person makes an application to a public authority for some information which is the concern of a public authority under any State Government or the Union Territory Administration, the Central Public Information Officer (CPIO) of the public authority receiving the application should inform the applicant that the information may be had from the concerned State Government/ UT Administration. Application in such a case need not be transferred to the State Government/ UT Administration.”
In the instant matter, the Appellant was informed that further details may be obtained from the Bihar Council of Medical Registration. Hence no further intervention of the Commission is required in the instant Second Appeal which is disposed off accordingly.
Y. K. Sinha
Chief Information Commissioner
Citation: Shri Arvind Kumar v. National Medical Commission in CIC/MEDCI/A/2019/160141, Date of Decision: 20.12.2021