ROOM NO. 329, SECOND FLOOR, C-WING August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066 Tel. No. 91-11-26717356 F.No.CIC/SS/A/2013/002279 Date of Hearing : 05.01.2015 Date of Decision : 05.01.2015 Appellant : Shri K.S.Singh, Imphal (Manipur) Respondent : Prof Ch.Arun Kumar Singh, Director/FAA, Shri Devendro, Dy Directdor (Admn)/CPIO, Regional Institute of Medical Sciences, Lamphel, Imphal, West District, Manipur Information Commissioner : Shri Yashovardhan Azad Relevant facts emerging from appeal: RTI application filed on : 22.04.2013 PIO replied on : 03.07.2013 First Appeals filed on : 29.05.2013 and 08.07.2013 First Appellate Authority (FAA) order on : No order passed Second Appeal received on : 20.09.2013 Information sought: Appellant sought information on two points relating to funds released by the Government of India to RIMS and funds allotted for supply of medicines to patients etc.
Relevant facts emerging during hearing: Both the parties are present and heard through video conferencing.
Appellant sought the above information by filing an RTI application dated 22.04.2013. Having not received any response, the appellant filed an appeal on 29.05.2013. After filing of the first appeal, PIO vide reply dated 03.07.2013, provided a point wise response to the appellant. The appellant again approached the FAA vide another first appeal dated 08.07.2013 stating that the information provided on point no.2 is incomplete. Having not received any response from the FAA, the appellant preferred the present second appeal before the Commission.
Appellant submitted that complete information as sought in his RTI application has not been provided. He requested for the details of the funds received Head-wise and specifically for the supply of medicines to patients since 2010 till date, the amounts utilized year wise, copy of the tenders floated, date of publication in newspapers, comparative statements if any, quantity of medicines received.
Respondent submitted that information relating to year wise expenditure of funds utilized towards drugs and medicines was provided to the appellant on 03.07.2013. The appellant was also informed that procurement of medicines was done on the basis of tenders floated before 2010 and that no fresh tenders were floated after 2010. Therefore, the question of providing tenders copies, date of publication of tender in newspaper, comparative statement since 2010 till the time of RTI application did not arise. It is only in the first appeal dt 06.04.2013 that the appellant has asked for information relating to tender before 2010.
On a query by the Commission as to why the RTI application was responded to with delay, the CPIO tendered unconditional apology and assured the Commission that this would not be repeated in future.
Decision: After hearing both the parties and perusal of record, the Commission directs the respondent to provide to the appellant the Head-wise details and quantity of medicines used as sought on point no.1 and 2 of the RTI application within 14 days from date of receipt of this order, under intimation to the Commission. The Commission further directs the public authority to put details of tenders on their website.
The Commission notes with concern that the FAA has failed to dispose of the first appeal of the appellant within the stipulated time even after the appellant approached the FAA twice. The FAA, Prof Ch. Arun Kumar Singh, is cautioned to adhere to the timelines stipulated under the RTI Act as it is obligatory on his part to dispose the first appeals by passing speaking orders in each and every case.
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