Decision No. CIC/SG/C/2010/001273/10239 and Complaint No. CIC/SG/C/2010/001273. Case: Arun Kumar Vs Public Information Officer Govt. of NCT of Delhi, Health and Family Welfare Department. Central Information Commission

Case NumberDecision No. CIC/SG/C/2010/001273/10239 and Complaint No. CIC/SG/C/2010/001273
JudgesShailesh Gandhi, I.C.
IssueRight to information Act
Judgement DateNovember 30, 2010
CourtCentral Information Commission

Decision:

Shailesh Gandhi, I.C.

Information Sought:

a) Applicant submitting his request for obtaining prior consent / No objection certificate from C&AG of India against two Government official who has committed negligence in discharge his duty in selection procedure which cause mis-utilization of Government funds.

b) Reason for not sending any response to the Applicant despite the expiry of 8.5 month.

c) Name of the officer in our country who is competent to issue NOC/Prior Consent against any Government official either Senior Medical officer or IAS officer who committed negligence for providing benefit to his relatives.

d) Whether any provision was available in any manual that without any interview any person may be engaged in government concern either contractual or permanent.

e) Details of time required by the office for reply to any public request.

Grounds for First Appeal:

1. Non-receipt of information from the PIO even after expiring of the stipulated time.

Order of the First Appellate Authority:

2. In continuation of this office letter No. 689 dated 17.2.2010, vide which the appeal of Sh. Arun Kumar (ID No. 1683) was forwarded to first Appellate Authority of Delhi State Health Mission after hearing the Appellant on 16.02.10. as during course of hearing the Appellant specifically stated that his RTI application pertains to Delhi State Health Mission and RTI application of the Appellant was also transferred to P.1.0, Delhi State Health Mission vide letter No. 481-90 dated 22.1.2010 by the P.I.O (H&FW). P.I.O (H & FW) also informed that matter pertains to Delhi State Health Mission as informed by DY. Secy.(Planning) vide his letter No. 135 dated 15.1.2010.

3. Now the first Appellate Authority, Delhi State Health Mission vide letter No. 646 dated 19.2.2010 has informed that RTI application in respect of ID. No. 1683 was transferred back to P.I.O, H&FW vide letter No. 334 dated 29.1.2010 by P.10. Delhi State Health Mission and concluded that it can not be heard by the first Appellate Authority Delhi State Health Mission. In view of above facts, P10, (H&FW) is directed to supply the information to the Appellant within 15 days.

Grounds for Complaint:

4. Non-receipt of information from the PIO after the FAA's order.

5. It appears that the aforementioned Respondent has not provided the information inspite of the categorical order by the First Appellate Authority. No reasons have been provided for not providing the...

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