Central Information Commission
Sumanta Kumar Ghosh vs Employees State Insurance Corporation on 9 March, 2020
Author: Vanaja N Sarna
Bench: Vanaja N Sarna
क य सच ु ना आयोग
CENTRAL INFORMATION COMMISSION
बाबा गंगनाथ माग
Baba Gangnath Marg
मु नरका, नई द ल - 110067
Munirka, New Delhi-110067
Decision no.: CIC/ESICO/A/2018/162166/03037
File no.: CIC/ESICO/A/2018/162166
In the matter of:
Sumanta Kumar Ghosh
... Appellant
VS
CPIO/ AD(A)
ESI-PGIMSR, ESIC Medical College,
ESIC Hospital & ODC, Joka Diamond Harbour Road,
Kolkata - 700 104
...Respondent
RTI application filed on : 18/06/2018 CPIO replied on : 16/07/2018 First appeal filed on : 03/08/2018 First Appellate Authority order : 21/08/2018 Second Appeal dated : 05/10/2018 Date of Hearing : 02/03/2020 Date of Decision : 02/03/2020 The following were present: Appellant: Present over VC
Respondent: Shri Samiran Das, Assistant Director (Admn) and CPIO, present over VC Information Sought:
The appellant has sought the following information regarding one incident of mob-violence (on 09/02/2018) within the hospital premises and its subsequent departmental inquiry by the Inquiry Committee under the Chairmanship of Prof. S Sengupta, HOD, Biochemistry:
1. Photocopy of the medical file including BHT (Bed Head Ticket) with day to day clinical notes of patient named Mr. Rajib Sadhu, MRD no. 1591/18, and IP 1 No. 4114916507 of whom the appellant was the treating surgeon & investigated by the said inquiry committee.
2. Photocopy of all the proceedings, file notings & deposition at/ of the committee inquiring into the impugned mob agitation on 09/02/2018 in the chamber of the Medical Supdt. ESIC Hospital Joka
3. Provide an unedited DVD record of CCTV footage of the impugned mob agitation on 9/02/2018 in the chamber of the Medical Supdt. ESIC Hospital Joka between 12 noon to 2 pm of 9/02/2018 to ascertain behaviour of all stakeholders present at that time in the chamber of Medical Supdt.
4. And other related information.
Grounds for Second Appeal The CPIO has not provided the desired information.
Submissions made by Appellant and Respondent during Hearing:
The appellant submitted a written statement and attached the mob agitation enquiry report. He further submitted that the report was not made available to him despite his request in mail dated 05.05.2018 & reminder mail on 05.12.2018 to MS & Dean. He pointed out that it was made available to him only on filing an RTI application. He further submitted that information shared in the normal course to the stakeholders of departmental enquiry committees formed by the Medical Superintendent have been regularly denied to him after completion of the enquiry conducted in 2013. Furthermore, he contended that the information sought under this RTI application which was filed after 4 years of the completion of enquiry was also denied to him. That on first appeal partial information was shared in 2017. He also alleged that even though the hospital and administrative block is declared & displayed to be under CCTV surveillance, information sought was denied to him in respect of point no. 3 of the RTI application. He added that a video taken by a third party and available in social media showing the aggressive & threatening behavior of the DMS in the presence of MS in his chamber where the mob was also present can easily explain why the administration is stubbornly refusing the CCTV footage of the events. He being the treating physician of the patient is privy to his personal details. He needs access to the patient's file where a written official communication was sent on 07.02.2018 to MS & DMS seeking their help to direct tie up with the hospital to honor the agreement they had with the administration. They harassed the patient by refusing to provide professional 2 File no.: CIC/ESICO/A/2018/162166 service on the ground that ESIC hospital has not paid their pending bill. Had the administration acted on their request the mob agitation that happened 2 days afterwards on 09.02.2018 could have been avoided altogether. He alleged that the impugned enquiry was an act of revenge on him and unless the patient's relatives vouched for his professional & human touch while treating the patient he would have been indicted & persecuted further by the administration. He also pointed out that there is no effective grievance redressal mechanism in the organization both at the local level & HQ level. He also brought it to the notice of the Commission that he was cleared by all the enquiry committees including Independent Committees by West Bengal State Health Department & State Medical Council in the year 2018. By virtue of a written letter dated 07.01.2019, he requested an enquiry into the wrongdoings of the administration & other doctors who have been severely indicted in the independent report who has been shielded by the administration since 2013 and made members of an enquiry committee to investigate his role. But there has been no response from HQ even though 1 year has passed since he prayed for justice. He also raised his grievance in respect of point no. 4 of the RTI application and submitted that there is no written circular available. He summed up stating that he is being harassed by the respondents as his APAR is withheld since 2018.
The CPIO submitted that an apt reply was provided to the appellant vide letter dated 16.07.2018. On a query by the Commission, the CPIO could not explain that in a case where the appellant was the treating surgeon how the information disclosure would cause unwarranted invasion of the privacy of the third party patient. He then submitted that the requisite documents contain 129 pages and he is ready to provide the same subject to payment of photocopying charges.
Observations:
Based on a perusal of the record, it was noted that the documents sought by the appellant in respect of points no. 1 and 2 of the RTI application are related to an inquiry about a mob agitation that took place on 09.02.2018. As per the CPIO, the relevant documents containing 129 pages can be given on payment of requisite photocopying charges. In respect of points no. 3 and 4 a categorical reply was already provided to the appellant. However, as the appellant contested the replies in respect of points no. 3 and 4 also, it would 3 be apt if the CPIO revisits the information sought by the appellant and provides a revised reply.
Decision:
On considering the delay that already occurred, the Commission finds it apt to allow the information sought to be given free of cost to the appellant. The CPIO is accordingly directed to provide a point wise reply in respect of points no. 3 and 4 of the RTI application. In respect of points no. 1 and 2, as the enquiry is over and the appellant is exonerated from the charges, the CPIO is directed to provide the complete information containing 129 pages in certified form, free of cost within 7 days from the date of receipt of the order. The appellant's contention regarding not getting the copies of his APAR cannot be considered in this appeal as it was not the part of the RTI application. However, it cannot be lost sight of in this case that the relations between the appellant and the respondent, is that of employee and employer. Moreover, the core function of both of them is the health welfare of the masses. In view of the same, an advisory is issued to the Director General, ESIC, HQ office to consider the appellant's grievances on sympathetic grounds and try to solve the issues in an administrative manner. In so far as the RTI Act is concerned, the approach of the respondent should always be transparency oriented so that similar RTI applications can be minimised.
The appeal is disposed of accordingly.
Vanaja N. Sarna (वनजा एन. सरना)
Information Commissioner (सच
ू ना आयु त)
Authenticated true copy
(अ भ मा णत स या पत त)
A.K. Assija (ऐ.के. असीजा)
Dy. Registrar (उप-पंजीयक)
011- 26182594 /
दनांक / Date
Copy to:
Director General, ESIC HQ office
Panchdeep Bhawan
Comrade Indrajeet Gupta (CIG) Marg,
New Delhi - 110 002.
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