के᭠ᮤीय सूचना आयोग Central Information Commission बाबागंगनाथ मागᭅ , मुिनरका Baba Gangnath Marg, Munirka नईᳰद᭨ली , New Delhi – 110067 िशकायत संया / Complaint No. CIC/KPTRS/C/2019/128236
In the matter of: Bani Mayur … िशकायतकताᭅ /Complainant VERSUS बनाम CPIO, Kolkata Port Trust, Medical Department, Centenary Hospital Kolkata.
Relevant dates emerging from the complaint: … ᮧितवादीगण /Respondent RTI Application filed on : 21.05.2019 CPIO replied on : 27.05.2019 First Appeal filed on : Not on Record First Appellate Authority order : Not on Record Complaint Received on : 13.06.2019 Date of Decision : 11.06.2021
The following were present: Complainant: Shri Kinshuk Mayur, S/o. Smt. Bani Mayur participated in the hearing upon being contacted on Appellant’s telephone.
Respondent : Dr. Subhashish Banerjee, CPIO and Sr. MO participated in the hearing upon being contacted on his telephone.
O R D E R
Information sought: The Complainant filed an RTI Application dated 21.05.2019 seeking information on the following three points:
“I beg to state that my husband late GOBINDA CHANDRA MAYUR has died on
15.02.2019. He was a pensioner of KOLKATA PORT TRUST.
Date of Admission on - 09.01.2019 at 11:08 hrs Admission no – 20190000076 Death Date - 15.02.2019 at 01:25 hrs
Under the Right to Information Act 2005, Section 6, please provide me the following information:-
1) Please supply me certified copy of hospital treatment Note sheet indicating noting by various Medical Officer in general ward and Intensive care unit (ICU) of late Shri GOBINDA CHANDRA MAYUR from 09.01.2019 to 15.02.2019.
2) Please inform me the names, designations and office address of Medical Officer my husband was admitted and treated from 09.01.2019 to 15.02.2019.
3) Please inform me the names of the visiting doctors, my husband was undergone treated from 09.01.2019 to 15.02.2019.”
The CPIO vide letter dated 27.05.2019, informed the Complainant as under:
“To your RTI application dated nil, received by the undersigned on 24/5/2019. On scrutiny it has been found that the RTI application fee has been deposited against the name of the CPIO who as per RTI act has no capacity to receive any application fee. You are requested to deposit the fee in the name of the public authority and send the original receipt to the CPIO along with the application form. As per our telephonic discussion I am hereby returning the application form with IPO for necessary action from your end.”
Being dissatisfied, the Complainant approached the Commission vide this instant complaint.
Grounds for Complaint: The Complainant filed a complaint u/s 18 of the RTI Act on the ground of unsatisfactory reply furnished by the Respondent. Complainant requested the Commission to direct the CPIO to provide the information sought for and take appropriate legal action against the Respondent.
Submissions made by Complainant and Respondent during Hearing:
In order to ensure social distancing and prevent the spread of the pandemic, COVID-19, the instant hearing is being scheduled through audio conference after informing both the parties.
The representative of the Complainant stated that he is not satisfied with the reply provided by the Respondent.
The Respondent submitted that in the reply dated 27.05.2019, the Complainant was informed that the IPO drawn was in the favour of incorrect person. He further submitted that the Complainant was also intimated regarding the issue over a phone call.
The representative of the Complainant interjected to state that there was no intimation and the said averment of the Respondent is incorrect and the same is manipulative.
Upon queried by the Commission as to whether the Respondent has registered the instant RTI Application or not, he replied in negative.
Decision : Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that appropriate reply has been provided by the Respondent. The Commission further observes that the Complainant has not paid the requisite fee till date, resulting in non-registration of the instant RTI Application.
In view of the above, the instant Complaint is treated as INFRUCTUOUS.
Copy of the decision be provided free of cost to the parties.
The Complaint, hereby, stands dismissed.
Amita Pandove (अिमता पांडव) Information Commissioner (सूचना आयुᲦ) ᳰदनांक / Date: 28.06.2021
Authenticated true copy ( अिभᮧमािणत स᭜यािपत ᮧित ) B. S. Kasana ( बी. एस. कसाना )
Dy. Registrar ( उप-पंजीयक ) 011-26105027
Addresses of the parties:
1. The First Appellate Authority (FAA) Kolkata Port Trust, Medical Department, Centenary Hospital 1, Diamond Harbour Road, Kolkata -700053
2. The Central Public Information Officer (CPIO) Kolkata Port Trust, Medical Department, Centenary Hospital 1,
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