Information sought by ex-employee - CIC: Send a copy of the order sought by the Appellant by speed post; Allow inspection of the Appellant’s personal file, either by himself or by his authorised representative after redacting all third party information
1 Jan, 2024Information sought and background of the case:
(1) CIC/ PCIMH/A/2022/667418
The Appellant filed an RTI application dated 18.07.2022 seeking the following information:-
“Copy of M/o Ayush order no Y 11015/13/2020 LP dated 02/02/2022 which is mentioned in RTI reply by the CPIO.”
The CPIO/Scientist Officer, Pharmacopoeia Commission for Indian Medicine & Homoeopathy (PCIM&H), vide letter dated 16.08.2022 enclosed the details and stated as under:-
“..In regard to nature of employment one officer working on Ad hoc basis and other employees are working on Permanent/temporary/Regular basis...”
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 16.08.2022. The FAA/Joint Director, Pharmacopoeia Commission for Indian Medicine & Homoeopathy (PCIM&H), vide order dated 14.09.2022 upheld the reply of the CPIO.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
The appellant has submitted a written submission alleging that information about details for deduction of CGEGIS amount from salary of Director (Dr. Pradeep Kumar Prajapati) was not given by the Respondent.
A written submission dated 01.12.2023 has been received, stating as under:
The applicant i.e. Sh. Gopi V is an ex-employee of PCIM&H and he was terminated from service by competent authority in the Ministry of Ayush due to various issues on 31-03-2022.
Sh. Gopi V, filled various frivolous complaints and RTIs by creating fake email ids on PCIM&H officials.
It is pertinent to mention here that, Madhupan Bapudham Police Station. Ghaziabad filed a charge sheet under IPC sections 504, 500 and section 66C of the IT Act against Sh. Gopi, related to the FIR 308 dated July 18th, 2022 for threatening PCIM&H officials through fake email IDs. Further, Madhupan Bapudham Police Station, Ghaziabad was also invoked Sections 107/116 of Cr.PC against Sh. Gopi for breach of peace and leveling false allegations in their report dated 17-12-2021.
Facts emerging in Course of Hearing
Hearing was scheduled after giving prior notice to both the parties.
Appellant: The Appellant was present through video conference.
Respondent: Dr. Ramachandra S, Scientific Officer is present for the hearing.
During the course of hearing, the Appellant reiterated his contentions and stated that the copy of the Ayush order no Y 11015/13/2020 LP dated 02/02/2022 sought by him has not been provided by the Respondent. Respondent agreed to send the same at the earliest.
Decision
Considering the above deliberation during hearing, the Respondent is hereby directed to send the Appellant, a copy of the specific order sought by the Appellant mentioned hereinabove. The order should be sent by speed post, within fifteen days of receipt of this order.
(2) CIC/ PCIMH/A/2022/667426
The Appellant filed an RTI application dated 07.08.2022 seeking the following information:-
“1. Copies of PCIM&H letter dispatch register of 1st April to 13th April 2022.
2. The total fees collected by PCIMH for providing information through RTI from July 2020 to July 2022 and provide the complete information of number of each applicants paid the requested RTI fee on the mentioned period.
3. Copy of PCIMH office memorandum 1193 dated 20/12/2021
4. The complete details of medical examination book referred by PCIMH for preparing my suspension and termination proposal.
5. Provide the copies of the PCIMH administrative building gate entry register on 14/06/2022 and 24/06/2022”
The CPIO/Scientist Officer, Pharmacopoeia Commission for Indian Medicine & Homoeopathy (PCIM&H), vide letter dated 05.09.2022 replied as under:-
“ 1. There is no large public interest and exempted from disclosure as per Section 8 (1)(j) of RTI act.
2. Details on RTI fee collected by PCIM&H downloaded from RTI portal is enclosed at Annexure I
3. Copy enclosed at Annexure II
4.The asked question is incomplete and not clear, hence not possible to provide the information.
5. Information which is personal, the disclosure of which has no relationship to any public activity or public interest. On the other hand, the disclosure of which could cause unwarranted invasion of the privacy of an individual and exempted under section 8 (1)(j) of RTI act.”
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 05.09.2022 reiterating the queries number 1, 4 and 5. The FAA/Joint Director, Pharmacopoeia Commission for Indian Medicine & Homoeopathy (PCIM&H), vide order dated 30.09.2022 upheld the reply of the CPIO.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
The appellant has submitted a written submission reiterating his contentions from the First Appeal.
A written submission dated 01.12.2023 has been received from the Respondent, stating as under:
The applicant i.e. Sh. Gopi V is an ex-employee of PCIM&H and he was terminated from service by competent authority in the Ministry of Ayush due to various issues on 31-03-2022.
Sh. Gopi V, filled various frivolous complaints and RTIs by creating fake email ids on PCIM&H officials.
It is pertinent to mention here that, Madhupan Bapudham Police Station. Ghaziabad filed a charge sheet under IPC sections 504, 500 and section 66C of the IT Act against Sh. Gopi, related to the FIR 308 dated July 18th, 2022 for threatening PCIM&H officials through fake email IDs. Further, Madhupan Bapudham Police Station, Ghaziabad was also invoked Sections 107/116 of Cr.PC against Sh. Gopi for breach of peace and leveling false allegations in their report dated 17-12-2021.
Facts emerging in Course of Hearing:
Hearing was scheduled after giving prior notice to both the parties.
Appellant: The Appellant was present through video conference.
Respondent: Dr. Ramachandra S, Scientific Officer is present for the hearing.
During the course of hearing, the Appellant reiterated that he was aggrieved by the denial of information by the Respondent against points 1, 4 and 5. Respondent present during hearing stated that despite the fact that the Appellant has been filing numerous RTI applications, information from available records have been provided to him from time to time.
Decision
In the light of the aforementioned contentions of both parties, the Commission hereby directs the Respondent to grant inspection of the Appellant’s personal file, either by himself or by his authorised representative within two weeks of receipt of this order. The Respondent shall ensure that all third party information must be redacted from the file, before providing the file to the Appellant for inspection.
(3) CIC/ PCIMH/A/2022/667428
The Appellant filed an RTI application dated 05.09.2022 seeking the following information:-
“1. Budget spent for azadi ka amrit mahotsav celebration 2022 at PCIMH
2. Budget spent for international yoga day celebration 2022 at PCIMH
3. Budget spent for swachata pakwada program 2021 and 2022 and details of money spent for certificate, momento and prize Items procured for participants.
4. Budget spent for Hindi pakwada program 2021 and 2022 and details of prize money given to participants.
5. Budget spent for security services from 2020-2021 and 2021-2022 at PCIMH.
6. Budget spent for manpower services from 2020-2021 and 2021-2022 at PCIMH
7. Budget spent for procurement of instruments and equipment for 2020- 2021 and 2021-2022 at PCIMH and Details of the instruments.
8. Budget spent for PCIMH website maintenance during 2020-2021 and 2021-2022.
9. Budget spent on LTC to PCIMH employees for 2020-2021 and 2021- 2022.
10. Budget spent on medical bill reimbursement of PCIMH employees for 2020-2021 and 2021-2022.
11. Kindly provide the entry and exit timings of Gopi.V and Ratan singh Sub inspector visited the PCIMH administrative building on 14/06/2022 through register available in the Administrative building gate with security.
12.Kindly provide the following copy of the file no. PCIM&H/22-16/PFVG/PSO(Ay)/part-1/2020-21/32 dated 05/04/2022.
13.Kindly provide the following copy of the file no. PCIM&H/22-20/PFVG/RO(Micro)/part-1/2020-21/1168 dated 16/12/2021.
14.Kindly provide the following copy of the file no. PCIM&H/22-20/PFVG/RO(Micro)/part-1/2020-21/1335 dated 19/01/2022.
15.The PCIM&H requested the SHO, Madhuban bapudham police station, Ghaziabad on 16/12/2021, 19/01/2022 and 05/04/2022 for providing certified copy of police report or not.
16.Number of CAT court cases are filed against PCIM&H and currently going on.
17.The counter reply for CAT, principal bench New Delhi - OA 1409/2022 filed by PCIM&H or not. If filed, date of filing
The CPIO/Scientist Officer, Pharmacopoeia Commission for Indian Medicine & Homoeopathy (PCIM&H), vide letter dated 30.09.2022 furnished point wise reply as under:-
“1. Rs. 3000/-
2. Rs. 15246/-
3. Copy enclosed at Annexure 1
4. Copy enclosed at Annexure 2
5-6. The information sought is scattered in various files, records and stretched in several years. So it is not possible to collect and compile all the information as such as its voluminous in nature. However, the applicant can visit and verify the relevant records in an appointed time with prior intimation to this office.
7. Copy enclosed at Annexure 3
8. nil
9 . 2020-21- Rs. 4,13,572/- 2021-22- Rs. 91,606/-
10. 2020-21-Rs.4,25,101/- 2021-22- Rs. 14,99,672/-
11. As per the register Sh. V. Gopi entry and exist timings are 11.50 am. and 12.35 pm respectively.
Sh. Ratan singh, entry and exist timings are 11.49 am and 12.35 pm respectively.
12-15. There is no large public interest and exempted from disclosure as per Section 8(1)(j) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. of the RTI Act
16 .14 cases are filed (including erstwhile HPL & PLIM) and currently 08 cases are going on.
17. Filing of CA is under process.
Dissatisfied with the response received from the CPIO on points 12-15, the Appellant filed a First Appeal dated 28.10.2022. The FAA/Joint Director, Pharmacopoeia Commission for Indian Medicine & Homoeopathy (PCIM&H), vide order dated 29.11.2022 upheld the reply of the CPIO.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
The appellant has submitted a written submission reiterating his contentions.
A written submission dated 06.12.2023 has been received from the Respondent stating as under:
The applicant i.e. Sh. Gopi V is an ex-employee of PCIM&H and he was terminated from service by competent authority in the Ministry of Ayush due to various issues on 31-03-2022.
Sh. Gopi V, filled various frivolous complaints and RTIs by creating fake email ids on PCIM&H officials.
It is pertinent to mention here that, Madhupan Bapudham Police Station. Ghaziabad filed a charge sheet under IPC sections 504, 500 and section 66C of the IT Act against Sh. Gopi, related to the FIR 308 dated July 18th, 2022 for threatening PCIM&H officials through fake email IDs. Further, Madhupan Bapudham Police Station, Ghaziabad was also invoked Sections 107/116 of Cr.PC against Sh. Gopi for breach of peace and leveling false allegations in their report dated 17-12-2021.
Hearing was scheduled after giving prior notice to both the parties.
Appellant: The Appellant was present through video conference.
Respondent: Dr. Ramachandra S – Scientific Officer is present for the hearing.
During the course of hearing, the Appellant reiterated that he was aggrieved by the denial of information by the Respondent against points 12-15, citing incorrect provision of law. It is his contention that since the information sought at points 12 to 15 relate to him, the same could not have been denied citing Section 8(1)(j) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. of the RTI Act. Respondent present during hearing stated that though the information sought at points 12-15 relate to the Appellant, they contain third party information and hence had not been sent to the Appellant. The Respondent added that the files are bulky as such and therefore sending copies of the same was not found feasible without causing disproportionate diversion of resources.
Decision
In the light of the aforementioned contentions of both parties, the Commission hereby directs the Respondent to allow inspection of the Appellant’s personal file, either by himself or by his authorised representative within two weeks of receipt of this order. The Respondent shall ensure that all third party information must be redacted from the files, before providing the same to the Appellant for inspection.
The appeal is disposed off on the above terms.
Heeralal Samariya
Chief Information Commissioner
Citation: Shri Gopi V v. Pharmacopoeia Commission for Indian Medicine & Homoeopathy (PCIM&H), CIC/PCIMH/A/2022/667418 + /667426 + /667428; Date of Decision: 07.12.2023