Issues relating to Health Centre of Rajiv Gandhi South Campus - Respondent: Information provided in compliance of CIC order; Concerned PIO had retired – CIC:- There appears to be no mala fide on the part of the PIO; Show cause notice dropped

O R D E R

1. The Appellant vide his RTI application sought information on 06 points regarding Health Centre running at RGSC, Barkachha, Mirzapur, copy of Rules & Regulations under which Health Centre, RGSC was being governed, total expenditure incurred on different heads in Health Centre in the Financial Year 2016-17, number of employees (medico and non-medico) working and other issues related thereto.

2. Dissatisfied due to non-receipt of any response from the CPIO, the Appellant approached the FAA. The reply of the CPIO/ FAA, if any, is not on the record of the Commission.

Hearing on 04.10.2018:

The following were present:

Appellant: Dr. Rajesh Kumar through VC;

Respondent: Dr. Shardul Chaubey, AR (RGSC), Mirzapur through VC

3. The following observations were made by the Commission vide order dated 04.10.2018, reproduced as under:

“DECISION:

Keeping in view the facts of the case and the submissions made by both the parties and in the light of aforementioned decisions, the Commission directs Ms. Ramadevi Nimanpalli, Director (RGSC) and FAA to examine the matter carefully and furnish the information desired by the Appellant in point no, 01 within a period of 15 days from the date of receipt of this order. The Commission also instructs the FAA to seek the explanation of the delinquent officer to show cause as to why penal proceedings under Section 20 of the RTI Act, 2005 should not be initiated on him/ her and forward the same to the Commission within a period of 15 days from the date of receipt of this order.

Furthermore, it is evident that the implementation of the provisions of the RTI Act, 2005 is far from satisfactory. Thus, the Commission also instructs the Respondent Public Authority to convene periodic conferences/seminars to sensitize, familiarize and educate the concerned officials about the relevant provisions of the RTI Act, 2005 for effective discharge of its duties and responsibilities.” The Appeals stand disposed with the above direction.”

Hearing on 22.02.2024:

4. Shri Aliyar Prasad, RGSC, Banaras Hindu University, attended the hearing on behalf of the respondent through audio conference.

5. The respondent while defending their case submitted that in pursuance to the Commission’s order dated 05.102.2018, they had provided the copy of minutes of the meeting discussing the rules and important issues relating to Health Centre of Rajiv Gandhi South Campus, vide letter dated 26.10.2018. Therefore, they had complied with the directions of the Commission. He further stated that show cause notice was issued by the Commission vide order dated 05.10.2018 to the then CPIO and the incumbent CPIO in 2018 had retired. He further explained that the delay had been caused in the matter since the issue with respect to point no. (i) of the RTI application pertained to Sir Sundarlal Hospital. They had forwarded the Commission’s order dated 05.102.2018 as well as copy of the hearing notice received from the Commission. That being so, no action was pending at their end.

6. The Commission after adverting to the facts and circumstances of the case, hearing the respondent and perusal of records, observes that the Commission had issued show cause notice to the respondent vide order dated 15.10.2018, for not furnishing satisfactory information with respect to point no. (i) of the RTI application. In compliance of the Commission’s order dated 15.10.2018, the respondent provided information to the appellant vide letter dated 26.10.2018 and a copy of the same has also been uploaded on the Commission’s web portal. During the hearing, the CPIO informed that the concerned erstwhile CPIO had retired. However, he explained on his behalf that the information pertained to Sir Sundarlal Hospital, hence, the delay was caused in responding to the appellant. However, the Commission’s directions had been duly complied with. That being so, there appears to be no mala fide on the part of the CPIO. Therefore, the show cause notice issued against the CPIO is hereby dropped.

Accordingly, the matter is closed.

Sd/-

ANANDI RAMALINGAM

Information Commissioner

Citation: Dr. Rajesh Kumar v. Banaras Hindu University, CIC/BANHU/A/2017/603663; Date of Decision: 26.02.2024