Central Information Commission
Pooja Verma vs South Delhi Municipal Corporation ... on 13 July, 2020
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई द ली,
ली New Delhi - 110067
ि तीय अपील सं या/Second Appeal No. CIC/SDMCC/A/2018/167582
CIC/SDMCC/A/2018/167577
Smt. Pooja Verma ... अपीलकता /Appellant
VERSUS
बनाम
PIO/SDMC, Health Dept., ... ितवादीगण /Respondents
Minto Road, New Delhi
Through: Dr. Ruby Kurien, PIO and
Dr. Alka Gupta, Dy. DHA present
through audio conference
Date of Hearing : 09.07.2020
Date of Decision : 12.07.2020
Information Commissioner : Shri Y. K. Sinha
Since both the parties are same, the above mentioned cases are clubbed
together for hearing and disposal.
Case No. RTI Filed on CPIO reply First appeal FAO
167582 25.05.2018 20.06.2018 01.08.2018 28.08.2018
167577 17.05.2018 02.06.2018 01.08.2018 28.08.2018
(1) CIC/SDMCC/A/2018/167582
The Appellant filed an RTI application dated 25.05.2018 seeking information on
the following 3 points:
1. Number of cases New Diagnosed with Malaria, Tuberculosis, Hepatitis A, Hepatitis
B, Hepatitis C, Diarrhoea, Hyper Tension, Diabetics, Cholera, Typhoid, Dengue,
H1N1(Swine Flu), HIV for each month and unit wise separately. From month of 1st
January 2017 to 31st December 2017.
2. List of top 10 health diseases (New cases) in all the M & CW Centres and
Maternity Homes in South Delhi Municipal Corporation. Please provide the number
of new cases diagnosed for each month and unit wise separately for different
types of centres. From month of 1st January 2017 to 31st December 2017.
3. Number of patients treated (OPD-Old and New wise separately) in the given period.
(Month and unit wise) From month of 1st January 2017 to 31st December 2017.
[Queries are verbatim]
PIO/Admn. Officer (H), SDMC, vide letter dated 01.06.2018 forwarded the RTI
Application to PIO/CMO (M&CW).
Page 1 of 4
PIO/M&CW, South Delhi MC vide letter dated 20.06.2018 informed the
Appellant on point no. 1 of the RTI Application that the report is not available in
the said format, on point no. 2 of the RTI Application, he stated that M&CW
Section mainly delivers preventive health care in the form of Antenatal checkups
and immunizations and curative care for minor ailments only and that the
information sought does not exist in the said format and on point no. 3 of the
RTI Application, it was stated that the Quarterly report prepared on the basis of
reports received from M&CW units has already been sent in response to the
Appellant's 3 earlier RTIs and a copy of the same was again attached and sent to
the Appellant.
Dissatisfied with the reply received from the PIO, Appellant filed a First Appeal
dated 01.08.2018. FAA vide order dated 28.08.2018 stated that the PIO has
provided the information which was available in the Department and further
stated as: "...PIO is advised to take expert opinion from the O/o CIC in this regard".
Feeling aggrieved as dissatisfied, Appellant approached the Commission with
the instant Second Appeal.
Facts emerging in Course of Hearing:
A written submission has been received from the PIO, O/o. Addl. DHA, M&CW,
Department of Hospital Administration, SDMC vide letter dated 07.07.2020,
wherein she stated as under:
Regarding point (8) ii - The reports asked are not being compiled at the HQ level.
SDMC is unable to provide reply to question no. 2 as M&CW units provide more of
preventive services.
Regarding point (8) iii - where the PIO provided cumulative OPD data and not 'old
cases' and 'new cases' separately, it is submitted that at the HQ level, only report
regarding total OPD is compiled which was given to the applicant. Even though
replies to this question was given to the NGO through earlier RTIs we provided the
same again through the present RTI.
(2) CIC/SDMCC/A/2018/167577
Information soughtand background of the case:
The Appellant filed an RTI application dated 17.05.2018 seeking information on the following 2 points:
1. Number of cases New Diagnosed with Malaria, Tuberculosis, Hepatitis A, Hepatitis B, Hepatitis C, Diarrhoea, Hyper Tension, Diabetics, Cholera, Typhoid, Dengue, H1N1(Swine Flu), HIV for each month and unit wise separately. From month of 1st January 2018 to 30th April 2018.
2. List of top 10 health diseases (New cases) in all the M & CW Centres and Maternity Homes in South. Delhi Municipal Corporation. Please provide the number of new cases diagnosed for each month and unit wise separately for different types of centres. From month of 1st January 2018 to 30th April 2018.
3. Number of patients treated (OPD-Old and New wise separately) in the given period.
(Month and unit wise) From month of 1st January 2018 to 30th April 2018.
[Queries are verbatim] Page 2 of 4 PIO/M&CW, South Delhi MC, vide letter dated 21.06.2018 informed the Appellant on point no. 2 of the RTI Application that the M&CW Section mainly delivers preventive health care in the form of Antenatal checkups and immunizations and curative care for minor ailments only and that the information does not exist in the sought format, on point no. 3 of the RTI Application, it was stated that the compiled report prepared on the basis of reports received from M&CW Units were attached and provided to the Appellant.
Dissatisfied with the reply received from the PIO, Appellant filed a First Appeal dated 01.08.2018. FAA vide order dated 28.08.2018 stated that the PIO has provided the information which was available in the Department and further stated as: "...PIO is advised to take expert opinion from the O/o CIC in this regard".
Feeling aggrieved as dissatisfied, Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
A written submission has been received from the PIO, O/o. Addl. DHA, M&CW, Department of Hospital Administration, SDMC vide letter dated 07.07.2020, wherein she stated as under:
Regarding point (8) i - It is hereby submitted that for this said period (January to December 2017), Praja Foundation started asking for replies in a particular format supplied by them. The HQ does not maintain the reports in this format. Being a very tedious & time consuming procedure and due to paucity of staff, data could not be compiled in the format they have asked for. Please note, that in the 2nd appeal submitted to the CIC, Praja Foundation has not made any mention to the CIC about this new format.
Regarding point (8) ii - The reports asked are not being compiled at the HQ level. SDMC is unable to provide reply to question no. 2 as M&CW units provide more of preventive services.
Regarding point (8) iii - where the PIO provided cumulative OPD data and not 'old cases' and 'new cases' separately, it is submitted that at the HQ level, only report regarding total OPD is compiled which was given to the applicant. Even though replies to this question was given to the NGO through earlier RTIs we provided the same again through the present RTI.
In order to ensure social distancing and prevent the spread of the pandemic, COVID-19, audio hearing were scheduled after giving prior notice to both the parties.
The Appellant participated in the hearing on being contacted on her telephone. She stated that she is not satisfied with the information provided by the Respondent. She further stated that since the information sought is not available in the public domain, she has had to file the instant RTI Application.
Respondent is represented by Dr. Ruby Kurien, PIO and Dr. Alka Gupta, PIO/Dy.DHA through audio conference. Dr. Ruby Kurien submitted that the number of patients diagnosed with diseases mentioned in the RTI Application, number of patients treated for the aforesaid diseases from 01.01.2017 to 31.12.2017 is sent to the higher hospitals since they deliver only preventive Page 3 of 4 health care and diagnose minor ailments such as fever, backache etc. She further submitted that the Appellant is seeking information in a cyclostyled format for different periods since 2014. The Respondent has compiled the information pertaining to the details of OPD attendance, treatment extended to the patients etc. with much difficulty.
Appellant interjected to state that the Respondent can provide information on point nos. 1 and 2 of the RTI Application in the format available with them.
Dr. Alka Gupta, Dy. DHA submitted that the information is maintained in HMIS (Hospital Information Management System) format and the same is available in RCH (Reproductive Child Health) Portal which the Appellant can access on line. Dr. Ruby Kurien submitted that the details of dispensaries, medicines etc. along with the details pertaining to Maternal & Child Welfare are uploaded and are sent to the Delhi Government.
Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings during hearing, Commission observes that the Respondents in their reply to both the RTI Applications have revealed that only the details pertaining to number of OPD patients treated during 01.01.2017 to 31.12.2017 has been provided to the Appellant and on the remaining points it was categorically stated that the information is not maintained in the format as sought by the Appellant.
The Commission directs the PIO to provide a revised reply in the format that is available with them on points no. 1 and 2 of both the RTI Applications to the Appellant, with a copy marked to the Commission within 4 weeks from the date of issue of this order.
With the aforesaid observations and directions, both the Second Appeals are disposed off.
वाई.
वाई. के . िस हा)
Y. K. Sinha (वाई िस हा
Information Commissioner (सूचना आयु )
Authenticated true copy
(अिभ मािणतस यािपत ित)
Ram Parkash Grover (राम काश ोवर)
Dy. Registrar (उप-पंजीयक)/ 011-26180514
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