Central Information Commission
Sandip Maji vs Employees State Insurance Corporation on 30 April, 2022
CIC/ESICO/C/2020/695254
के ीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमाग,मुिनरका
Baba Gangnath Marg, Munirka
नईिद ी, New Delhi - 110067
िशकायत सं ा / Complaint No. CIC/ESICO/C/2020/695254
In the matter of:
Sandip Maji ... िशकायतकता/Complainant
VERSUS
बनाम
CPIO, ... ितवादीगण /Respondent
Employees State Insurance
Corporation, Directorate (Medical)
Noida, ESIC Model Hospital,
A-3, Sector-24, Noida - 201301
Relevant dates emerging from the Complaint:
RTI Application filed on : 10.09.2020
CPIO replied on : 06.10.2020
First Appeal filed on : 02.11.2020
First Appellate Authority order : Not on Record
Complaint received on : 07.12.2020
Date of Hearing : 29.04.2022
The following were present:
Complainant: Absent (despite being served the hearing notice)
Respondent: Shri C.K. Das, Deputy Director & CPIO, participated in the hearing
though audio conferencing upon being contacted on his telephone
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CIC/ESICO/C/2020/695254
ORDER
Information Sought:
The Complainant filed an RTI application dated 10.09.2020 seeking information on the following seven points:
"With beg to you informed that, I, Sandip Maji, Insurance no. 6717995761 want to Seek information from you regarding my mother's undergoing treatment by ES1C Empanelled Hospital, Shanti Mulwnd Hospital, Karkardooma, New Delhi. I need to issue referred letter From ESIC Model Hospital, Sect 24, Noida for multiple times. My mother has been suffering from Advanced Gallbladder Carcinoma and diagnosed with biopsy in 2nd September, 2020. Then Empanelled hospital asked me to visit hospital in 9th September, 2020 with biopsy report. When I visited ESIC Model Hospital in Saturday (09/05/2020) for issuing refereed letter, then in OPD Counter, the computer is not working in Saturday and mandatory online parcha no- for referred patient is not possible. When I requested surgical doctor, Dr. Sanjay Jalali to issue referred letter for OPD Consultation by manual parcha no. instead of online parcha no. I repeatedly requested him to issue referred letter because the surgical department is closed in Monday and I need to wait for a extra day after submission of referred letter to counter that means OPD visit will be 10th September, 2020.
My questions are:-
1) In urgent cases for OPD Consultation such as my case, computer is not working in opd counter then what will be back up for that particular day for not mentioning online parcha no. in opd prescription? Because without online parcha no. no referred letter will be issued.
2) My empanelled hospital is distanced from my location nearly 46.8 kilometer, how can I change present empanelled hospital if required?
3) When 1 referred for first time to oncology, I requested counter to prefer one hospital nearest to my location, but he refuted my appeal Page 2 of 6 CIC/ESICO/C/2020/695254 and told me it will be decided by ESIC not by the insured person. It it right or wrong?
4) If yes, it means that I need to visit 46.8 kilometer on required basis with wretched patient by spending total 1100 rupees on both ways, Is it not wrong decision by ESIC?
5) If I am not happy with empanelled hospital, how can I change empanelled hospital on urgent basis?
6) If any opd consultation is required on same day basis, where will we go please mention post, room no with designation?
7) If any problem is occurring in submitting and issuing referred letter for urgent basis, where will we go please mention post, room no with designation?"
Dr. AK Gautam, Dy. Medical Superintendent, Medical Branch, ESIM Hospital, Sector 24, Nodal CPIO vide letter dated 13.10.2020, informed to the Complainant as under:
"With reference to the Est. Br. UO no. 211/Z/17/12/128/Sandeep/RTI/ 2020/NH/2020 dated 24.09.2020 on the above noted subject, reply to the information sought is as under:
1) As per the strict instructions of ESIC HQ referral of patients to empanelled hospital is done only in online mode.
2) IP can change the referred empanel hospital. To do so you may contact ESIC Hospital.
3) Every type of treatment is not available in every empanel hospital due to lack of concerned specialist doctor. So, IP is transferred to that empanel hospital only where he could be provided that the particular treatment to be given is available there.
4) For necessary treatment to be given to the patient he can be transferred to the empanel hospital only where treatment is available.Page 3 of 6
CIC/ESICO/C/2020/695254
5) If you are not satisfied with treatment facility being provided by the empanel hospital you may contact to ESI Hospital for empanelled hospital change purpose.
6) Reply as given in point no. 1.
7) For the purpose of OPD consultation you may get the required information about concerned specialist doctor from hospital counter.
8) In this context you may contact to the Dy. Medical Superintendent of ESIC Hospital. "
Being dissatisfied, the appellant filed a First Appeal dated 02.11.2020, which has not been adjudicated by the First Appellate Authority as per available records.
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.
Submissions made by Complainant and Respondent during Hearing:
The Complainant did not participate in the hearing despite being served the hearing notice.
The respondent submitted that adequate reply has been given to the Complainant vide letter dated 13.10.2020. Upon being queried by the Commission whether the First Appeal has been adjudicated or not, the Respondent submitted that First Appeal has been adjudicated on 04.12.2020, wherein the First Appellate Authority upheld the CPIO's reply..
Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that the instant matter is a complaint Page 4 of 6 CIC/ESICO/C/2020/695254 filed under Section 18 of the RTI Act. Hence, the only adjudication required to be made by the Commission is to determine if the information has been denied with a mala fide intention or unreasonable cause to the information seeker. The Commission further observed that though the contents of the instant RTI Application are clarificatory in nature, adequate information, as available on the record, has been given to the Complainant within stipulated time-frame as per the provisions of RTI Act, no mala-fide can be attributed against the Respondent. Hence, the Commission finds no further scope of intervention in the instant matter. With the above observations, the complaint is disposed of. Copy of the decision be provided free of cost to the parties.
The complaint, hereby, stands disposed of.
Amita Pandove (अिमता पांडव) Information Commissioner (सूचना आयु ) िदनांक / Date : 29.04.2022 Authenticated true copy (अिभ मािणत स ािपत ित) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पंजीयक) 011-26105027 Page 5 of 6 CIC/ESICO/C/2020/695254 Addresses of the parties:
1. The First Appellate Authority (FAA) Employees State Insurance Corporation, Directorate (Medical) Noida, ESIC Model Hospital, A-3, Sector-24, Noida - 201301
2. The Central Public Information Officer (CPIO) Employees State Insurance Corporation, Directorate (Medical) Noida, ESIC Model Hospital, A-3, Sector-24, Noida - 201301
3. Mr. Sandip Maji Page 6 of 6