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| PIO says file in CM's office, SIC issues penalty notice | | SKIMS denies info about suspended doctor | |
Early Times Report
Srinagar, Sept 30: The State Information Commission (SIC) has issued a penalty notice against the Deputy Medical Superintendent of SKIMS Medical College Srinagar who is also the Public Information Officer (PIO) under RTI Act. The PIO allegedly has denied information about a suspended doctor (Asst Prof SKIMS Medical College).
The SKIMS authorities told the information seeker that the file of the said doctor was with Chief Minister and that was the reason for denying the information.
SIC was not satisfied with this reply and initiated penalty proceedings against the PIO ie Dy MS SKIMS Medical College) Details available with Early Times reveal one Prof Abdul Gani Bhat R/O Pamposh Colony Natipora Srinagar (appellant) filed RTI application through Speed Post on 14.05.2016 with Deputy Medical Superintendent who is also the Public Information Officer (PIO) SKIMS Medical College Bemina Srinagar. As PIO failed to provide the information within time limit, the appellant on 14.06.2016 filed First Appeal with the Principal SKIMS Medical College who is also the First Appellate Authority (FAA) through speed post on 14.06.2016. On 16.06.2016 appellant received Speed Post envelope undelivered by the Postal Authorities with the certificate that PIO has refused to receive the said Speed Post letter. On the same day Prof Bhat (appellant) received a communication dated 14.06.2016 from PIO (Deputy MS) stating that as informed by Administrative Officer SKIMS Medical College Srinagar vide letter dated 13.06.2016, information cannot be provided as the concerned file is under submission to Hon'ble Chief Minister. Date and letter when the said file was submitted to Chief Minister was not provided which creates doubts in this case.
As per records, appellant has filed application before PIO SKIMS Medical College Hospital Bemina Srinagar seeking information on 21 points regarding suspension of Dr. Mohammad Himayun, Asstt. Professor SKIMS Medical College Hospital Bemina Srinagar. The PIO has responded the application on 14.06.2016 informing the appellant that information sought under RTI Act cannot be provided at this stage as the Personal File of the concerned Doctor is under submission to Hon'ble Chief Minister. Thereafter, appellant has filed First Appeal on 14.06.2016 before Principal SKIMS Medical College Srinagar who is also the First Appellate Authority (FAA) against the response of PIO as referred to above.
During proceedings at SIC office Srinagar on 26.9.2016 , the information provided by PIO above reference vis-à-vis information sought by the appellant was perused before parties (Prof Bhat and PIO SKIMS Medical College) and conclusions arrived at are as under:-
Information in respect of Point 1 & 2 has been provided. At point-3 information regarding casual leave C/L and Earned Leave (E/L) availed by Dr. Mohammad Himayun and total amount of E/L to his credit. PIO has informed that Casual Leave (C/L) Register got 4 completely damaged in the floods of 2014.. PIO further submitted that HoD Pediatrics has submitted attendance statement of Dr. Mohammad Himayun from October 2014 till August 2016. However, this information is not relevant to the information sought. Therefore, PIO was directed to provide information regarding C/L and E/L as per records. The reply given at Point-4 is contested by the appellant on the ground that information sought with regard to appointing authority of the said Doctor has not been given. Accordingly PIO was directed by State Information Commission ( SIC) to provide copy of information of appointing authority as per records. The information sought at Point-5 has three limbs: (a) Who has placed Doctor under suspension (b) Quoting of relevant law (c) Providing copy of constitution of Governing Body of SKIMS showing assignment of powers of appointment, suspension and dismissal of the said Doctor. PIO submitted that copy of suspension order has already been given as Annexure "D", which is the response to limb (a) of the information. Regarding limbs b & c, PIO submitted that this information is available with Sr. Administrative Officer SKIMS Srinagar and in this regard PIO/Sr. Administrative Officer SKIMS has been requested vide letter dated 05.07.2016 to provide information As PIO SKIMS was not present in hearing, the Commission directed PIO SKIMS to provide response in respect of limb "b" and "c" of Point-5 of the RTI application to PIO SKIMS Medical College Bemina Srinagar/appellant as per records. Regarding information sought at Point-6, the Commission is of the considered view that circumstances and under what law the Action by PIO SKIMS Soura Doctor was placed under suspension is already covered in the order of suspension provided to the appellant. PIO submitted that response given by her to point-7 is on the basis of information given by Administrative Officer. The appellant argued that this information must be on the basis of records and file notings. Accordingly, PIO was directed to provide copy of record/File notings.
SIC order dated 26.9.2016 further reads as: "It appears that Administrative Officer has given general reply without proper application of mind with regard to other information, which he has later on collected from Accounts Section and other Sections. In view of the above, the Commission directs Administrative Officer SKIMS Medical College Hospital Bemina Srinagar to explain as to why incomplete information have been given to the appellant and as to why proceedings under Section-17 of the Act shall not be initiated against him. His reply, if any, should reach the commission within three weeks. As regards the refusal to accept the First Appeal, PIO submitted that during that period post of Principal/designated FAA was vacant, and therefore appeal was returned. The Commission holds that admission/receipt of an appeal cannot be refused merely because the post of officer designated as FAA is vacant. As per Section-16, there is a time limit of 30 days extendable to 45 days for deciding appeal by FAA. Therefore, there is no justification to return 8 an appeal merely because FAA was not in place on the day of receipt of appeal. Accordingly, the Commission directs Principal Medical College Bemina to enquire into the issue of refusal to receive the First Appeal and take action against delinquent officials, so that such lapses are not repeated in future. Principal is further advised to sensitize his subordinate staff regarding provisions of RTI Act to ensure that application filed by the citizens under RTI Act, are acknowledged, diarized and place before the respective authorities at the earliest. Appeal is disposed of with the above directions". |
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