Central Information Commission
Shyad Hafijur Rahman vs Indian Army on 10 April, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No : CIC/IARMY/A/2023/131734
SHYAD HAFIJUR RAHMAN .....अपीलकर्ाग /Appellant
VERSUS
बनाम
PIO,
Military Hospital, Jalandhar
Cantt., PIN - 901197, C/o 56
APO
CPIO
RTI Cell, Addl. DG AE, G-6,
D-1 Wing, IHQ of MoD (Army),
Gate No. 4, Sena Bhawan,
New Delhi - 110011 ....प्रनर्वािीगण /Respondents
Date of Hearing : 08-04-2024
Date of Decision : 09-04-2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 24-01-2023
CPIO replied on : 31-01-2023, 01-03-2023
First appeal filed on : 29-04-2023
First Appellate Authority's order : 23-05-2023
2nd Appeal/Complaint dated : 21-07-2023
Page 1 of 6
Information sought:
The Appellant filed an online RTI application dated 24-01-2023 with the CPIO Department of Military Affairs seeking the following information:
"I AM EX ARMY NUMBER JC843790P SUB SH RAHMAN xxx
1. IN 23/02/2021 I WAS ADMITTED IN SEVERE COVID 19 PNEUMONIA IN MH JALANDHAR AND DISCHARGED ON 08/03/2021 AFTER BEING RECOVERED AND SHAPE 1 WITH THE SICK LIVE OF 4 WEEKS (PHOTCOPY ATTACHED)
2. AFTER FOUR WEEK SICK LIVE I WAS READMITED IN MH JALANDHAR ON 05/04/2021 AND WAS DISCHARGED ON 16/04/2021 BY DOING LMC P2 (PHOTCOPY ATTACHED) MY HEALTH WAS NORMAL AT THE TIME OF ADMITTED ON 05/04/2021
3. ACOORDING TO RIGHT TO PATIENT FROM 05/04/2021 ΤΟ 16-04-2021 PLEASE GIVE FULL DETAILS OF MY REGULAR CHECK UP CHART TREATMENT CHART INVESTIGATION REPORT WITH RTPCR.
4. IS LMC DONE EVEN AFTER RECOVERY OF SEVERE COVID 19 PATIENT? IF DONE GIVE REFFERENCE TO THE GUIDELINES AND POLICY OF THE ARMY ORDER DGMS
5. WHAT IS THE CRITERIA FOR DOING LMC TO A COVID 19 PATIENT? GIVE REFRENCE OF THE ARMY ORDER DGMS
6.FROM APRIL 2019 TO APRIL 2021 WHAT IS THE TOTAL NUMBER OF RECOVER COVID 19 PATIENT LMC IN THE INDIAN ARMY?
7. WHAT ARE THE CHARTER DUTY OF LMC BOARD AND MEMBERS?
8. ON 29/09/2021 I WENT TO MH JALANDHAR FOR RE CAT THEN LT COL SURAJ GUPTA ASKED ME TO GET PFT TEST DONE FROM CIVIL HOSPITAL AFTER GETING THE PFT TEST DONE FROM CIVIL HOSPITAL I WAS DONE SHAPE ONE WHAT I WAS AGAIN DONE TO LMC P2 IN WEIGHT Page 2 of 6
9. WHILE IN PFT TEST MY WEIGHT WAS 80KG WHICH WAS NORMAL WHAT LT COL SURAJ GUPTA DONE AGAIN LMC BY INCRESING MY WEIGHT FROM 80KG TO 90KG CAN ANY ONE GAIN 10KG IN 14 DAYS? IF YES THEN IT IS CHHALENGED FROM MEDICAL SCIENCE (PHOTOCOPY ATACHED)
10. I WAS ELIGIBLE AND RECOMMENDED FOR HONY COMMISION ON 26 JAN 2022 WHAT COULD NOT BE MADE DU TO BEING AN LMC?
11. AFTER 26 JAN 2022 ON 05/04/2022 I WAS CALLED OVER THE PHONE AND THEN MY WEIGHT WAS DONE TO 78KG AND DONE SHAPE 1 (PHOTOCOPY BATTACHED)
12. WHAT IS THE RULE IN MH FOR CATEGORY?"
The PIO, Department of Military Affairs furnished a reply to the Appellant on 31-01-2023 stating as under:
"Details of Public Authority: Your RTI application has been physically transferred/forwarded vide our letter 19/1/2020/DMA/Coord dt 30/01/2023 to The CPIO, RTI Cell, ADB(AE), G-6, D-1 Wing, Sena Bhawan, IMQ of MoD(Army), New Delhi-110011 Telephone No-011 23019585, Fax No-011-23335675, Email rticell-army at nicdotin."
The PIO, Jalandhar Cantt. furnished a reply to the Appellant on 01-03-2023 stating as under:
"para 3 (a) Your hospitalization docus for the period from 23 Feb 21 to 08 Mar 2021 and 05 Apr 21 to 18 Apr 21 has already been fwd to RO DSG vide MH JRC letter No 607/Hosp/Dosus/Stain/2021 dated 22 Apr 2021
(b) So, the Information may be asked from your Records Office DSC Cannanore.
Para 4 After recovery of Severe COVID-19. your medical cat upgraded to P1 for dis Severe Covid-19 and P2 (T-24) for simple obesity as per AO/03/2001/ DGMS.
Page 3 of 6 Para 5 There is no special Army Order for doing LMC for COVID-19, LMC done as per AO/03/2001/DGMS.
Para 6 Not available at this hosp. the total number of COVID-19 LMC patients recovered in the Indian Army from Apr 2019 to Apr 2021. So, the same may be asked from Oro of the IHO of MOD (Army) Para 7 Duties as per Regulations for the Medical Service of the Armed Forces 2010.
Para 8 LMC P2 was due to Obesity and not for COVID-19. Para 9 No specific Army documents of wt B0 kgs on which date is not available. Body wt of 80 kg on 19 Sep 2021 during PFT done in civil could not be clarified by this office Para 10 The query may be asked to DSC Records Cannanore. Para 11 As per AO/03/2001/DGMS Para 12 As per AO/03/2001/DGMS"
Being dissatisfied, the appellant filed a First Appeal dated 29-04-2023. The FAA's vide its order dated 23-05-2023, held as under:-
"It is intimated that your appeal dated 29 Apr 2023 has been transferred to First Appellate Authority (RTI), MIH Jalandhar PIN: 901197, C/O 58 APO vide RTI Cell letter No A/810027/RTI/TFR-77463 (Appeal) dated 15 May 2023. In view of the above, you may approach concerned designated First Appellate Authority accordingly."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-Page 4 of 6
Appellant: Present through video-conference. Respondent: Shri Tamojeet Biswas, PIO Indian Army (Hqr.) accompanied with Shri Rampal, PIO Jalandhar and Shri Sameer Deshmukh, DV Dte, Sena Bhawan present in person.
Written submission of the Respondent is taken on record.
Appellant, during the hearing restricted his arguments to the fact that copy of his regular check-up chart treatment, chart investigation report with RTPCR against Point No. 3 of RTI Application has not been provided to him till date.
Shri Rampal, PIO Jalandhar explained that more than 10,000 patients in a month are hospitalized in their hospital and keeping/maintaining their treatment records is not possible; therefore, upon discharge of patients their records are transferred to the concerned units. Hence, against Point No. 3 of the RTI Application, the Appellant was informed by him to contact Records Office DSC Cannanore to get the requested information. On the remaining points, relevant information as per the RTI Act has already been supplied to the Appellant.
Decision:
The Commission, after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, finds no infirmity in the reply provided by the Respondent as it was found to be as per the provisions of the RTI Act. Hence, no relief can be ordered in this matter. Appellant is advised to approach the Records Office DSC Cannanore as suggested by the PIO during the hearing to get the requested information.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Date 09-04-2024 Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (S. Anantharaman) Dy. Registrar 011- 26181827 Date Page 5 of 6 Page 6 of 6 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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