Friday, August 3, 2007

First ever penalty under section 20 of RTI Act in West Bengal

After more than 2 years of implementation of the Act, the West Bengal State Information Commission imposed its’ first ever penalty amounting to Rs. 15, 500.00 on the SPIO & the Chief Executive Officer of Health Department, Hooghly under Section 20(1) of the RTI Act 2005. The penalty was imposed for an inordinate delay of 62 days made after the stipulated time frame in furnishing the information sought by a Local Club/Organiser of Jangipara, Hooghly. We have the entire story from Amitdyuti Kumar of APDR:

The organisers of Thunder Club, a very well known Social organisation of Jangipara are not associated with any politcal party. The organisation also organises two/three voluntary blood donation camps every year. The usual place of such camps was the local Primary Health Center outdoor. Last year (2006), the Block Medical Officer and the Chief Medical Officer of Health of the District did not even reply to their requests made on 17 April and again on 5 May. However kowledgable Health Center employees told that the club will not be allowed to run its camp
atthe instruction of 'higher-ups'. Raghunath Chakrabarty, an organiser of the club submitted an application undert he Right to Information Act 2005 to know why their letters were not replied to and what is the cause of denying permission to hold the camp. The SPIO (and the Chief Medical Officer of Health of the District) again preferred to ignore the RTI application. A persistent Mr. Chakrabarty appealed to the State Chief Information Commissioner. On being notified by the SCIC, the CMOH gave some wrong informaton, which were proved to be lies by papers submitted by Mr Chakrabarty. The SPIO-cum-CMOH was first show caused and as he again tried to evade was called for a hearing on 17 July 2007.
On 27 July 2007 the Commission passed an order on Appeal/Complaint No.977(3)-WBIC/RTI/91/07 imposing a penalty of Rs 15500/- on the CMOH,
Hooghly which "shall have to be deposited within 15 days from the date of receipt of this order" and report compliance to the Commission. "If he fails to do that, the Additional Chief Secretary, Department of Health & Family Welfare was directed to initiate departmental action against
him and recover the said amount from the salary of Dr. Mandal in five
equal monthly instalment and remit the same.

The full text of the order is given below :

WEST BENGAL INFORMATION COMMISSION
Bhabani Bhaban (2nd Floor), Alipore
Kolkata--700 027
Telefax (013) 2479-1966
Appeal/complaint No. 977(3)-WBIC/RTI/91/07
Right to Information Act, 2005
Date of hearing on 17.07.2007.
Raghunath Chakraborty
-Vs-
C.M.O.H., Chinsurah, Hooghly & State Assistant Public Information
Officer

Present: l. Shri Raghunath Chakraborty ........ Complainant.
2.Dr. Akhil Kumar Mandal ......... Respondent, Chief Medical
Officer
of Health Hooghly.
3 .Shri Arun Kumar Koley Block Medical Officer of
Health
Jangipara Rural Hospital, Jangipara
...... Respondent.
Facts on record:
1. Shri Raghunath Chakraborty of Jangipara, Hooghly requested for some
information under RTI Act from the Chief Medical Officer of Health,
Hooghly on 09.02.2007 regarding grant of permission to hold a Voluntary
Blood Donation Camp at Jangipara Rural Health Centre.
2. Without getting any reply from the Chief Medical Officer of Health
Shri Chakraborty preferred a complaint under section 18(1) of the RTI
Act to the Commission on 03.04.2007, the Commission issued a show cause
notice vide No. 483(2)-WBIC/RTI/91/07 dated 04.04.2007. In reply the
Chief Medical Officer of Health, vide No. HC/2024 dated 12.04.2007 stated
that the camp was not allowed from the point of security of the O.P.D.
space. He later vide No. HC/2338 dated 02.05.2007 revised the reply and
stated that the Blood Donation Camp was not allowed at Jangipara Rural
Hospital since for the last
three years. There was no proper store facilities, especially due to
storage of materials supplied by SHSDP-II Project of World Bank.
Meanwhile, the Commission was not satisfied with the first reply and issued a
second show cause notice vide No. 564-WBIC/RTI/91/07 dated 20.04.2007.
3. The Deputy Director of Health Services and State Public Information
Officer also directed the Chief Medical Officer of Health to comply
with the direction of the Commission. Shri Raghunath Chakraborty vide his
application dated 29.05.2007 challenged the statement of Chief Medical
Officer of Health and produced documentary evidence showing that the
Blood Donation Camp was actually held in 2004 and 2005. The Commission
vide its No. 800-WBIC/RTI/91/07 dated 31.05.2007 forwarded those
documents too to the Chief Medical Officer of Health and sought for his
clarifications. The Chief Medical Officer of Health vide No. HC/3008 dated
08.06.2007 categorically stated that no organization was allowed to
perform the Blood Donation Camp at Jangipara Rural Hospital.
4. The Commission issued notice for -hearing to both the parties to
appear on 17.07.2007 before the Commission.
Order:
5. Shri Raghunath Chakraborty produced evidence showing that the Blood
Donation Camp did take place in the year 2004 and 2005. The Chief
Medical Officer of Health could not deny this fact. When asked why had he
written that no Blood Donation Camp was allowed during the last three
years preceding 2006 and also why had he categorically reiterated that no
Blood Donation Camp was allowed, the Chief Medical Officer of Health,
submitted that he was so briefed by the office. But he could not produce
any documentary evidence about such briefing.
6. It is further noted by the Commission that the Chief Medical Officer
of Health did furnish information, incorrect though, to the
Commission, but he did not care to furnish any information to the applicant.
Ultimately, Block Medical Officer of Health vide Memo No. 183/JRH dated
11.05.2007 informed the applicant that the Block Health & Family Welfare
Samity in its meeting dated 10.05.2007 decided that no organization
would be provided space inside the hospital premises for conducting the
Blood Donation Camp. It is interesting to note that this decision has been
taken one year after the application seeking permission for Blood
Donation Camp was made and also after the show cause notice was served to
the S.P.I.O.
7. It is therefore, amply clear that incorrect and misleading
information was furnished to the Commission and no information was furnished
to the applicant till 11.05.2007. The Chief Medical Officer of Health
was duly asked to show cause to prove that he acted reasonably and
diligently and also reasonable opportunity of being heard was given to him.
The Chief Medical Officer of Health failed in every respect to prove
that his action in not providing information to the applicant and
misleading the Commission by providing incorrect information was bonafide in
nature. In fact he had nothing to say for the incorrect information
furnished by him to the Commission.
8. The action or inaction of the S.P.I.O. attracts the penal provision
of Section 20(1) for imposing penalty @ Rs. 250/- per day. Section
20(1) states that where the Central Information Commission or the State
Information, as the case may be, at the time of deciding any complaint or
appeal is of the opinion that the Central Public Information Officer
or the State Public Information Officer, as the case may be, has,
without any reasonable cause, refused to receive an application for
information or has not furnished information within the time specified under
sub-section (1) of section 7 or malafidely denied the request for
information or knowingly given incorrect,
incomplete or misleading information or destroyed information which was
the subject of the request or obstructed in any manner in furnishing
the information, it shall impose a penalty of two hundred and fifty
rupees each day .till application is received or information is furnished,
so however, the total amount of such penalty shall not exceed
twenty-five thousand rupees:
9. The Commission therefore is left with no option but to impose
penalty on the Chief Medical Officer of Health and State Assistant Public
Information Officer Dr. Akhil Kumar Mandal. The initial application by
Shri Raghunath Chakraborty was submitted to him on 09.02.2007 and the
decision of the Block Health & Family Welfare Samity was furnished to him
on 11,05.2007.
Therefore, there is a delay of 62 days after the statutory period of 30
days from the date of receipt of the application was over.
10. It is therefore ordered that penalty of rupees 15,500/- is imposed
on Dr. Akhil Kumar Mandal, Chief Medical Officer of Health & State
Assistant Public Information Officer, Hooghly. He shall, within 15 days
from the date of receipt of this order, deposit this amount to head of
account "0070 - Other Administrative Services - 60 - Other Services - 800
- Other Receipts - 021 - Collection of Fees from Information Seeker for
the purpose of servicing Information - 27 - Other Receipts" and report
compliance to the Commission. If he fails to do that, the Additional
Chief Secretary, Department of Health & Family Welfare is directed to
initiate departmental action against him and recover the said amount from
the salary of Dr. Mandal in five equal monthly instalment and remit
the same to the head of account
as mentioned.
Date:27.07.2007 Sd/-
Arun Kumar Bhattacharya
State Chief Information Commissioner
Authenticated true copy forwarded to:
l.Shri Raghunath Chakraborty, Vill. + P.O. Jangipara, Hooghly,
PIN-712404.
2.Dr. Akhil Kumar Mandal, Chief Medical Officer of Health & State
Assistant
Public Information Officer, Chinsurah, Hooghly.
3.Shri Arun Kumar Koley, Block Medical Officer of Health, Jangipara
Rural
Hospital, Jangipara, Hooghly.
4.The Additional Chief Secretary, Department of Health & Family Welfare
,
Swasthya Bhavan, GN-29, Sector-V, Salt Lake City, Kolkata-700 091.
5. The Deputy Director of Health Services (Admn) & State Public
Information
Officer, Directorate of Health Services, Swasthya Bhavan, GN-29,
Sector-V,
Salt Lake, Kolkata-700 09.
Date: 30.07.2007 Sd/-
Secretary & Acting Registrar
West Bengal Information Commission