Club Building (Near Post Office), Old JNU Campus, New Delhi - 110067. Tel: +91-11-26161796 Decision No. CIC/SG/A/2009/000830/3549 Appeal No. CIC/SG/A/2009/000830 Relevant Facts emerging from the Appeal Appellant : Mr. Kanhaiya Lal Gupta D-4, Apollo Aprtment, Sector-3, Vidhyaghar Nagar, Jaipur. Respondent : Mr. K.V.Abraham Asstt. Secy. & PIO Dental Council Of India, Aiwan-E-Galib Marg, Kotla Road, Delhi-110092. RTI application filed on : 20/01/2009 PIO replied : 18/02/2009 First appeal filed on : 24/02/2009 First Appellate Authority order : 23/03/2009 Second Appeal received on : 21/04/2009 Information sought: The Appellant in his RTI application has sought following information(s):-
a) Provide the details of the name and designation of the responsible officer who acted upon the application dated 25/11/2008
b) For how long the file lay before the officer, and what action had been taken? Give the certified copy of the order.
c) When will my application be resolved? The PIOs Reply: The PIO replied to the appellant that the appellants application had already been forwarded to the Secretary, Department of Medical & Health (Gr.I), Govt of Rajsthan, Jaipur vide DCI letter No. DE-MISC-2008/A-7194 dtaed 19.12.2008 for information and necessary action. He said that no reply from the State Govt. of Rajsthan had been received so far. The First Appellate Authoritys Order: The First Appellate Authority ordered, In this connection, it is once again that since, the subject matter of the representation does not come under the purview of the Council, therefore, no time frame for taking any action in this regard can be prescribed by it as the grievances is required to be redressed by the Govt. Of Rajasthan or by the Court of Law. Moreover, the applicant in his representation under RTI Act, 2005 wants to redress his grievance for refund of fee from a private dental college under RTI Act, 2005 whereas the main motto of the RTI Act, 2005 is to furnish any information/documents to the applicant. In view of the above, you are hereby advised to approach the Government of Rajasthan, Department of Medical & Health (Gr.I) for further consideration of the matter. Relevant Facts emerging during Hearing: The following were present Appellant: Absent Respondent: Mr. K.V.Abraham PIO and Mr. M.L.Meena The PIO shows that whatever information was available with the public authority had been provided. Apparently the Dental Council of India has no authority over the matter and has forwarded the RTI application under Section 6(3) to the Secretary Health, Govt. of Rajasthan as well as Director Medical Education. The appellant would be advised to file appropriate appeal with the Rajasthan State Information Commission. Decision: The appeal is disposed. This decision is announced in open chamber. Notice of this decision be given free of cost to the parties. Shailesh Gandhi Information Commissioner 3rd June, 2009 (In any correspondence on this decision, mentioned the complete decision number.) (GJ)