Central Information Commission
Leelavathi vs South Western Railway on 22 August, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No : CIC/SWRLY/A/2023/626683
Leelavathi .....अपीलकर्ाग /Appellant
VERSUS
बनाम
PIO,
Office of Chief Medical
Superintendent, Railway
Hospital, Yadavagiri, Mysore- 570020 ....प्रनर्वािीगण /Respondent
Date of Hearing : 20.08.2024
Date of Decision : 21.08.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 08.04.2023
CPIO replied on : 25.04.2023
First appeal filed on : 16.05.2023
First Appellate Authority's order : 23.05.2023
2nd Appeal/Complaint dated : 31.05.2023
Information sought:
The Appellant filed an RTI application dated 08.04.2023 seeking the following information:Page 1 of 5
"Provide the details of sanctioned posts of Para-Medical staff in Medical Department along with Ministerial Staff POSTED in Medical Department on SWR.
Provide the details on what grounds the Nursing Staff at Health units are posted and provide the details of number of patients attended upon for Nursing care extended against the salary paid to them from 01.04.2022 to 31.03.2023.
Provide the details with certified copies of any work study done for existing sanctioned posts of Nursing Staff, Pharmacists, Lab Technicians, Radiographers and Ministerial Staff as per the statistics in Monthly returns of SWR.
Provide the details with certified copies on the total number of Group B posts available to Para-Medical staff in medical Department and the present position of vacancies available in the said posts.
Provide the details of daily patients attended upon at Railway hospital Hubli, Mysuru and Bengaluru by the Nursing Staff, Pharmacists, Physiotherapists, Lab Technicians, Radiographers at Outpatient Department from 01.04.2022 to 31.03.2023.
Provide the number of patients attended upon at Railway hospital Hubli, Mysuru and Bengaluru by the Nursing Staff, Pharmacists, Physiotherapists, Lab Technicians, Radiographers at In-patient Department from 01.04.2022 to 31.03.2023.
Provide the information, is there an In-patient Pharmacy functioning at Railway Hospital Hubli, Mysuru and Bengaluru for the convenience of patients and the number of post sanctioned for functioning of the In- patient Pharmacy services.
Provide Information of the number of patients attended upon by the Night duty Nursing Staff and Pharmacists at Railway Hospital Hubli, Mysuru and Bengaluru.
Provide the information for non-availability of separate Pharmacy counters to Men, Women and RELHS in-spite of availability of sufficient Pharmacists at Railway Hospital Bengaluru with 2 additional posts sanctioned for same.Page 2 of 5
Provide the information of list of posts surrendered and newly created in Medical Department since the establishment of the South Western Railway from 2003.
Provide information with the layout map of first point of contact - Emergency services provided for critically ill, needing immediate medical attention with the placement of causality room with toilet for patients, PATIENT TREATMENT AREAS, On-Duty Doctors Room, Dressing Room, Pharmacy services, Ambulatory services etc at one place as per Norms of Health Facility Guidelines and provide information for non availability of same at the entrance of the 3 hospitals on SWR. (RH- UBL at Entrance of Main Road but RH/Bengaluru & MYSURU - 1KM inside) Provide Information for availability of Ministerial staff in the Hospital premises instead of them being available at the Divisional office of each Division."
The CPIO furnished a reply to the Appellant on 25.04.2023 stating as under:
"With reference to the above, the required information pertaining to Medical Department is furnished as under:-
Sl No: 1. Does not pertaining to Medical Department Mysore.
SI No: 2 to 12: The information sought by the applicant is voluminous and exhaustive, However applicant only visit this office during working hours and peruse the records.
Office Address- Office of Chief medical superintendent, Railway Hospital Yadavagiri, Mysore- 570020"
Being dissatisfied, the appellant filed a First Appeal dated 16.05.2023. The FAA vide its order dated 23.05.2023, upheld the reply of CPIO.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal on the following grounds:
"THE REQUESTED INFORMATION IS NOT VOLUMINOUS, ITS JUST THE STATISTICS MAINTAINED BY THE DEPARTMENT WHICH IS REQUESTED WHICH STATISTICS ARE SUBMITTED TO THE RAILWAY BOARD EVERY MONTH, ITS SURPRISING HOW THE MYSURU DIVISION CPIO ALONE IS ALLOWED FOR Page 3 of 5 FUNCTIONING WITHOUT STATISTICS BEING MAINTAINED. AS PER CHAPTER 11 UNDER RTI COMPENDIUM I SUBMIT MY WILLINGNESS FOR DISPOSAL OF MY THIS APPEAL IN MY ABSENCE AS PER THE PROVISIONS OF RTI ACT.."
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Not present.
Respondent: Dr. Prateek, Addl. DC ACMS-cum-PIO present through video- conference.
Respondent submitted that a point-wise reply has already been provided to the Appellant vide letter dated 25.04.2023 intimating her that point No. 1 does not pertains to their department and the information sought for at Point Nos.
2 to 12 are voluminous in nature, not maintained in the compiled form, and collation and compilation of such data would divert the resources of the Public Authority. Therefore, opportunity of inspection of records was afforded to the Appellant, however, she did not avail the same. At the behest of the Commission, he volunteered to afford another opportunity for inspection of relevant records to the Appellant.
Decision:
In furtherance of hearing proceedings, the Commission directs the Respondent to afford one more opportunity of inspection of records to the Appellant pertaining to the instant case on a mutually decided date and time as mentioned above within 6 weeks from the date of receipt of this order. Intimation of date and time should be sent to the Appellant well in advance in writing. Copy of documents as may be desired by the Appellant, which serve Page 4 of 5 the purpose of this RTI application, be provided to the Appellant, upon receipt of requisite fees as per RTI Rules. While complying with the directions, the CPIO is further directed to take acknowledgement from the Appellant on the list of documents, files etc. inspected by her and copy of the documents furnished to her before parting with the information. Information which are exempt as per the RTI Act may be redacted.
First Appellate Authority to ensure compliance of the directions.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA, South Western Railway, DRM Building, Mysuru Division, Yadavagiri, Mysore - 570021 Page 5 of 5 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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