Decision No. CIC/SS/A/2013/002953-YA dated 30-01

CENTRAL INFORMATION COMMISSION
August Kranti Bhawan, Bhikaji Cama Place,
New Delhi-110066
F.No.CIC/SS/A/2013/002953-YA
Date of Hearing
:
30.01.2015
Date of Decision
:
30.01.2015
Appellant
:
Shri M. Danasegar,
Puducherry
Respondent
:
Dr. Sunderraj, PIO
Shri Banu, Supdt. Maternity Wing
Rajiv Gandhi Government Women &
Children Hospital
Puducherry
Information Commissioner
:
Shri Yashovardhan Azad
:
:
:
:
:
22.10.2012
26.12.2012
17.12.2012
No order passed
19.11.2013
Relevant facts emerging from appeal:
RTI application filed on
PIO replied on
First Appeal filed on
First Appellate Authority (FAA) order on
Second Appeal received on
Information sought:
Appellant sought copy of certain documents after their inspection.
Relevant facts emerging during hearing:
Both the parties are present and heard through video conference.
Appellant sought the above information by filing an RTI application dated 22.10.2012. Having
received no reply from the PIO in the prescribed period, the appellant filed first appeal before
the FAA. PIO vide letter dated 26.12.2012 returned the first appeal of the appellant since he
had not remitted an amount of Rs.50 towards fee of the first appeal. Being aggrieved by the
reply of the public authority, the appellant filed second appeal before the Commission.
The first appellate authority vide its written submission dated 28.01.2015 contented that
information was provided to the appellant within prescribed time of 30 days vide letter dated
21.11.2012 and the appellant’s first appeal was returned since as per Pondicherry Right to
Information Rules, 2006, there is a provision for payment of Rs.50 during submission of first
appeal u/s 19 of the RTI Act, 2005 subsequently the payment of Rs.50 was deleted during 2008
vide Puducherry Right to Information (Amendment) Rules, 2008. During disposal of appeal
dated 17.12.2012, the said amendment order has not been received in their office and hence the
said appeal was returned by the former FAA vide letter dated 26.12.2012.
Appellant submitted that the complete information has not been provided as on today i.e. copy
of his own ACR and information on point No.7 and 8 of the RTI application. PIO submitted
that his predecessor and then PIO denied the information to the appellant and he has now no
objection to provide the copy of ACR to the appellant.
Decision:
After hearing both the parties and on perusal of record, the Commission directs the respondent
to provide copy of the ACR to the appellant and re-visit the RTI application of the appellant
and provide whatever information which was not provided to him earlier as per the provisions
of the RTI Act within two weeks of receipt of this order under intimation to the Commission.
The appeal is disposed of accordingly.
(Yashovardhan Azad)
Information Commissioner
Authenticated true copy. Additional copies of orders shall be supplied against application and
payment of the charges prescribed under the Act to the CPIO of this Commission.
(B.D. Harit)
Deputy Secretary & Deputy Registrar