Central Information Commission
Mr.Mohanjit Singh vs Dghs on 5 February, 2009
Central Information Commission
CIC/AD/A/X/09/00100
Dated February 5, 2009
Name of the Appellant : Mr.Mohanjit Singh
Name of the Public Authority : DGHS
Background
1. The Appellant filed an RTI request dt.4.8.08 with the PIO, DGHS. The Appellant requested for the following information with regard to letter No.12019/84/90-Oph (part-II) dt.17.12.03 in which the first paragraph is as follows:
'The charter of duties for the Ophthalmic Assistants, which was in vogue a few years back but later on changed by National programme for control of Blindness (NPCB). The old charter of duties mentions about the treatment of Eye ailments by the Ophthalmic Assistants but after a lot of deliberations on the subject, this responsibility was taken off from the charter of duties because of certain legalities involved in it'
i) To provide copy of old charter of duties of Ophthalmic Assistant mentioned in the letter
ii) To provide the proceedings of deliberations after which the responsibility of the treatment of eye patient by Ophthalmic Assistants was taken off
iii) To provide the letter by which any legal authority objected this duty
iv) To provide the letter of the competent authority whose permission was taken to change the duties of Ophthalmic Assistants.
The CPIO replied on 2.9.08 enclosing a copy of relevant extract from the 'National Programme for Prevention of Visual Impairment and Control of Blindness India' indicating original duty chart of Ophthalmic Assistants fixed in 1978 in respect of point i. With regard to points ii, iii & iv, the CPIO stated that the requisite information/document is not readily available as it pertains to even taken place more than 20 years back. The Appellant filed an appeal dt.18.9.08 with the Appellate Authority. The Appellate Authority replied on 31.10.08 enclosing a copy of the letter dt.17.12.03 along with a copy of the noting portion indicating approval of the competent authority for the same. The Appellant filed a second appeal dt.17.11.08 before CIC. In his appeal, the Appellant stated that he is already in possession of letter dt.17.12.03 which was forwarded by the Appellate Authority. The Noting portion forwarded by the Appellate Authority do not show the permission to change the duties of Ophthalmic Assistants. Moreover CPIO has stated that the relative event has taken place 20 years back whereas the notings are of Nov.2003.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing on February 5, 2009.
3. Dr. A.S. Rathore, ADG and CPIO represented the Public Authority.
4. The Appellant was present during the hearing.
Decision
5. The respondent submitted that the duties of Ophthalmic Assistants which were given in the National Programme for Prevention of Visual Impairment and Control of Blindness India in 1978 were modified around 25 years ago to remove the treatment of eye ailments by the Ophthalmic Assistants from their duties.. According to the respondent, he placed the period of modification to around 25 years ago since there is some mention of the small pox eradication programme in the document which he furnished as evidence for the modification. However, he could not provide information regarding the publication or the exact year when the modification took place. The appellant, in turn, submitted that, in a letter dt. 17.12.03 to the Punjab Ophthalmic Officers Association by the Dy. Asstt. Director General Ophthalmic, it is mentioned that only a few years back, from the old Charter of duties about the treatment of eye ailments by the Ophthalmic Assistants, the responsibility of treatment by the Assistants was taken off. They questioned how 25 years back modification could be done when the letter mentions that it was done only a few years back. They also pointed out that in the minutes of the meeting of the ADG (Ophthalmic) with the representatives of the National Ophthalmic Association on 5.8.2008, the following statement was made "vide National Programme for Control of Blindness letter No.T.12019/84/90-Ophth. (Part II) dated 17.12.03, their duties have been modified and it was conveyed that the responsibility of Ophthalmic Assistant for providing treatment is taken off from the charter of their duties because of certain legalities involvement in it." To further press on his point, the appellant brought to the notice of the Commission a decision given by the Patna High Court dated 14.9.92 in which it was stated that the State Govt. has decided to sanction the post of Ophthalmic Assistant in place of Optometrists in higher scale for the betterment of the NPCB. The decision also stated that the Ophthalmic Assistants are required to perform among other duties treatment of the patients for eye ailments. They also shared with the Commission the Haryana State Govt's notification dt. 21.7.08 in which the Administrative Officer, Office of DGHS, Haryana stated that the Ophthalmic Assistants would be treating patients of eye ailments beside other duties. Further, in the proceeding of a workshop sponsored by WHO in 1994, the participants from India, one Prof. Venkataswamy, reported that the Ophthalmic Assistants in India are working quite independently and are doing screening in villages and schools.
6. After hearing the arguments put forth by both the parties, the Commission is of the opinion that there is confusion prevailing about the duties of Ophthalmic Assistants in the minds of the Respondents and of the Appellant. To sort out the confusion and to bring the facts into the limelight, as sought by the appellant, the Commission directs the CPIO, DGHS to set up a small inquiry committee of two members, with the appellant as one of the members, to review all the related documents and meet with concerned officials and to come to a conclusion based on documentary evidence and interactions on whether or not the duties of the Ophthalmic Assistants include treatment of eye ailments. The Inquiry report to be ready by 28.2.09 and a compliance report to be sent to the Commission on the same day.
7. The appeal is disposed off.
(Annapurna Dixit) Information Commissioner Authenticated true copy:
(K.G.Nair) Designated Officer Cc:
1. Mr.Mohanjit Singh 218 Shiwala Colony Amritsar 143 001
2. The CPIO Directorate General of Health Services Ministry of Health & Family Welfare Nirman Bhawan New Delhi
3. The Appellate Authority Directorate General of Health Services Ministry of Health & Family Welfare Nirman Bhawan New Delhi
4. Officer in charge, NIC
5. Press E Group, CIC