The CIC found that the PIO of MCI treated the matter in a casual manner, thus subjecting the appellant to unnecessary harassment while waiting for the information. This is the 140th in a series of important judgements given by former Central Information Commissioner Shailesh Gandhi that can be used or quoted in an RTI application
The Central Information Commission (CIC), while allowing an appeal, directed the Public Information Officer (PIO) at the Medical Council of India (MCI) to provide complete information available and also pay a compensation of Rs3,000 to the appellant for the costs of filling appeals and for the loss and detriment suffered by him.
While giving this judgement on 22 December 2011, Shailesh Gandhi, the then Central Information Commissioner said, “It is evident that the PIO at MCI has treated this matter very casually and the appellant has been subjected to unnecessary harassment in waiting for the information.”
Srinagar (Kashmir) resident Mohammad Afzal Bhat, on 1 February 2011, sought information submitted by the Government Medical College (GMC) at Srinagar in their declaration forms from the PIO of MCI. Here is the information he sought under the Right to Information (RTI) Act...
Declaration forms (2010-11) of faculty members submitted by Principal/Dean Govt. Medical College in July 2009 to MCI regarding recognition of various departments viz.
i) Department of Pathology/Haematology ii) Department of Paediatrics iii) Social and Preventive Medicine iv) Pharmacology & v) Anatomy.
1. List of faculty members submitted by Principal/Dean Govt. Medical College Srinagar to MCI in the latest inspection of July 2009 Viz. No. of professors. Associate Professors, Assistant Professors and Demonstrators etc. of the above mentioned departments.
2. Their name, designation and address.
3. List of permanent and contractual faculty members submitted to MCI.
4. If contractual faculty members are appointed, mention name, address and year of contract with Govt. Medical College Srinagar/Date of expiry of contract with GMC Srinagar.
5. No. of faculty members presently working in the GMC Srinagar, permanently as well as contractual as per MCI inspection report of July 2009.
6. Library timing of GMC Srinagar submitted to MCI.
In his reply, the PIO provided list of faculty members for some department and also sanctioned strength of faculty.
However, citing no reply received from the PIO, the appellant Bhat filed his first appeal. In his order, the First Appellate Authority (FAA) and deputy secretary directed the PIO to provide the information sought by the appellant.
Bhat then approached the CIC with his second appeal in which he stated that the PIO provided incomplete, unsatisfactory and false information.
During the hearing, Mr Gandhi, the then CIC, noted that the appellant had sought information on six queries for information submitted by the Government Medical College Srinagar in their declaration forms.
The PIO admitted that the declaration forms have to be submitted by the Medical Colleges at the time of inspection.
Bhat, who was not present during the hearing, had stated in his appeal, that an inspection of the said college was done in July 2009 for recognition of five departments and he was seeking information with relation to declaration form through his RTI application of 1 February 2011.
Mr Gandhi noted that the PIO gave no clarification (on this issue) and very curiously transferred the RTI application on 8 March 2011 to the PIO of the Medical College, Srinagar.
The PIO admitted that at the time of inspection it was mandatory to give the declaration form and that it is one of the conditions for renewal of the recognition.
The Bench said, "The Act of transferring the RTI applications to the PIO of the Medical College appears to indicate that these were not available with MCI. This would be a very serious default. Further, the PIO of the Government Medical College has also not provided the declaration forms to the Appellant. The inference could be that no declaration forms may have been given."
"It is evident that the PIO at MCI has treated this matter very casually. If he did not have the declaration forms, he should have informed the appellant accordingly. It is evident that the appellant has been subjected to unnecessary harassment in waiting for the information," Mr Gandhi said in his order.
While allowing the appeal, the Bench, using its powers under Section 19(8)(b) of the RTI Act directed the PIO to send a compensation of Rs3,000 to Bhat for the costs of filling the appeals and the loss and detriment suffered by him.
Mr Gandhi also asked the PIO of MCI to provide the declaration forms to the appellant before 10 January 2012. "If the declaration forms are not with MCI, then an affidavit will be given to this effect to the appellant and the Commission before 10 January 2012," the CIC said.
Further, finding the PIO guilty of not furnishing complete information within the time specified under sub-section (1) of Section 7 as per the requirement of the RTI Act, the CIC issued a show cause notice to the PIO.
CENTRAL INFORMATION COMMISSION
Decision No. CIC/SG/A/2011/002815/16533
Appeal No. CIC/SG/A/2011/002815
Appellant : Mohammad Afzal Bhat,
Respondent : Dr Anshu Sethi Bajaj
Public Information Officer & Dy. Secretary
Medical Council of India