M. Sridhar Acharyulu DECISION
M. Sridhar Acharyulu, Information Commissioner
1. The appellant is present. The Public Authority is represented by Mr. M.S. Premi, AO/PIO, Mr. Ajeet Tyagi.
Background
CIC/SA/A/2015/000847
2. Contentions of Appellant: Appellant is a specialist doctor in General Medicine. In addition to his regular service to patients, he was given responsibility as purchase officer on 15.2.2013. The purchase committee of the Hospital has taken unanimous decision at a meeting held on 16.3.2013 to purchase the photocopier machine model 5002SP. There was no dissent. Medical Superintendent Dr Ashok Jaiswal, on 31.3.2013 has approved the recommendation of the purchase committee and issued sanction order. On 29.3.2011 a circular was issued enhancing delegated financial powers making it compulsory to take financial sanction leading to limiting the powers of purchase.
3. A circular was issued by the DoHFW on 5.11.2013 referring to earlier circular dated 30.9.2013 which advised Medical Superintendents/Directors of the Health Department to refrain from incurring expenditure without prior approval of the competent authority. It also warned departmental action and entry into ACRs if this directive was not followed. It reiterated all HoDs/MSs & Accounts functionaries working in hospitals...advised again that incurring expenditure or liability involving expenditure without the approval of the Competent Authority is expressly against the rules and financial propriety, and such lapses must be strictly avoided... In another paragraph All MSs and HoDs are advised to strictly adhere to this rule. at the end of the circular once against stated "non-compliance of this will be viewed seriously and may invite appropriate departmental action including adverse entry in the ACR.
4. Special Secretary (H&FW) SB Shashank issued a show cause notice on 10.6.2013 to Members of Purchase Committee through Medical Superintendent (MS). The contents of show cause notice pointed out sanction accorded by MS at his level for which he was not competent, members of purchase committee so constituted for this purpose did not point out about the competence of authority, due to this lapse on the part of members of purchase committee, the bill was prepared and presented to PAO.
5. Head of Office Dr. Kulbhushan Goyal issued a memorandum on 19.9.2013 directing Dr Avinash Purchase Officer and Shri Anand Kumar, Senior Accounts Officer to furnish explanation. On the same day Dr Avinash was asked to hand over charge of purchase officer with immediate effect to Dr Kanhar.
6. Mr. Nutan Guha Biswas, Principal Secretary to Lt Governor sent a note on 4.8.14, stating: "The matter was examined in this secretariat and submitted to Hon'ble Lt Governor for orders. Hon'ble Lt Governor approved the Department of Health & FW to submit the proposal for initiating Disciplinary Proceedings under Rule 16 of CCS(CCA) Rules 1965 against all the members of Purchase Committee and the concerned MS of Aruna Asaf Ali Hospital for the irregular purchase of the High End Photocopier (Model Aficio MP 5002SP) through Directorate of Vigilance.
7. Appellant alleged that though Lt Governor approved disciplinary action against Purchase Committee members and MS only but his name was also included by the accused officers to harass him.
8. Appellant by his RTI application dated 12.3.2015 (No.000802) asked the Aruna Asaf Ali Government Hospital, GNCTD: "Please provide certified photocopy of file noting and proposal approved by Hon'ble Lt Governor, in which initiation of disciplinary proceedings under Rule 16 of CCS (CCA) Rules, 1965 against all members of purchase committee and the concerned medical superintendent of Aruna Asif Hospital for the irregular purchasing of High End photocopier machine is ordered". Having received no information, appellant filed first appeal. Claiming non-furnishing of information, appellant approached the Commission. Appellant claimed that PIO and FAA are habitual in not providing reply for his RTIs. He sought information and imposition of penalty against PIO.
9. He also wanted a certified copy of the note of Principal Secretary Health forwarded proposing disciplinary action against appellant (hi........