Central Information Commission
Mrp K Arya vs Employees State Insurance Corporation on 8 July, 2015
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26101592
File No. CIC/BS/A/2014/001638+001676/8041
08 July 2015
Relevant Facts emerging from the Appeal:
Appellant : Mr. P. K. Arya
Social Worker, Aam Admi Party
C/o Balaji Hospital, Samta Ashram Lane,
Rampur Road, Haldwani,
Uttarakhand
Respondent : CPIO
ESIC
Panchdeep Bhawan,
Wing No. 4, Shivpuri9, Premnagar,
Dehradun-248007, Uttarakhand
RTI application filed on : 26/04/2014 & 30/04/2014
PIO replied on : 16/05/2014 & 22/05/2014
First appeal filed on : 31/05/2014
First Appellate Authority order : No Order
Second Appeal dated : 26/06/2014
Information sought:
CIC/BS/A/2014/001638 The appellant sought information regarding names of all IP admitted with card no., mobile no., addresses, ailment, final diagnosis, all relevant investigations, supporting the diagnosis details of medicines and hospital bill claimed for which they were referred to empanelled hospitals in Uttrakhand from 01/Jan/2008 to 31/Dec/2008.
CIC/BS/A/2014/001676 The appellant sought information regarding names of all IP admitted with card no., mobile no., addresses, ailment, final diagnosis, all relevant investigations, supporting the diagnosis details of medicines and hospital bill claimed for which they were referred to empanelled hospitals in Uttrakhand from 01/Jan/2013 to 31/Dec/2013.
Grounds for the Second Appeal:
The CPIO has not provided the desired information Relevant Facts emerging during Hearing:
The following were present Appellant: Mr. P. K. Arya through VC (M 08476802957) Respondent: Mr. K P Pandey CPIO's representative through VC (M 07895999696) Page 1 of 2 The appellant stated that he has not been supplied any information. The CPIO's representative stated that the appellant is seeking details of medical treatment and expenses incurred for treatment of insured persons but the information cannot be provided being exempt under Section 8(1)(j) of the RTI Act. He argued that the information is personal in nature and in the absence of public purpose cannot be disclosed. He submitted that the list of empanelled hospitals will be supplied to the appellant.
Decision notice:
The Hon'ble Delhi High Court in its decision dated 17/04/2015 (LPA 34/2015 and C.M. No 1287 of 2015 - S C Agarawal v/s The Registrar Supreme Court of India & ors) has held that information relating to medical treatment and expenses incurred for medical facilities is personal information which is exempted from disclosure under Section 8(1)(j) of the RTI Act, unless larger public interest warrants disclosure of such information.
As stated by the CPIO's representative the list of empanelled hospitals should be supplied to the appellant within a week.
The appeal is disposed of accordingly.
BASANT SETH Information Commissioner Authenticated true copy:
(R. L. Gupta) Dy. Registrar/Designated Officer Page 2 of 2