Central Information Commission
S K Srivastava vs Ministry Of Labour & Employment on 24 January, 2018
CENTRAL INFORMATION COMMISSION
(Room No.313, CIC Bhawan, Baba Gangnath Marg, Munirka, New Delhi-110067)
Before Prof. M. Sridhar Acharyulu (Madabhushi Sridhar), CIC
CIC/BS/A/2016/000790
S K Srivastava v. PIO, M/o Labour & Employment, Ghaziabad
Order Sheet: RTI filed on 24.11.2015, CPIO reply - Nil, FAO - Nil, Second appeal filed on
09.03.2016, Hearing on 24.01.2018;
Proceedings on 29.03.2017: Directions and show cause issued.
Proceedings on 24.01.2018: Appellant present from NIC Gwalior, Public Authority represented
by Mr. Madhukar Sahay, Director;
Date of Decision - 24.01.2018: Disposed of.
ORDER
FACTS:
1. The appellant filed RTI application seeking to know the reasons for delay of 11 months in scrutinising the medical expenses bills, information whether the person who paid the medical bill was intimated or not that the medical bills were erred, certified copy of budget allocation to the North Zone Medical Head for the year 2014-15 and 2015-16, other information related to the medical bills in tabular format. The appellant approached this Commission in second appeal on the ground that he had not been informed about the scrutiny of his medical bills even after 1 year 4 months.
2. The Commission's order dated 29.03.2017:
2. The Commission directs the respondent authority to consider this RTI application as a complaint and inform the appellant within what period of time the scrutiny of medical expenses bill and what action was taken to redress the grievance of the appellant.
3. The Commission directs the respondent authority to disclose voluntarily the time limit within which issues related to reimbursement of medical bills are settled and what action is taken when delay is caused to clear the medical bills, under section 4 (1) (b) of RTI Act. The respondent authority is required to incorporate a system that can timely address such issues relating to reimbursement of medical expenses.
4. The Commission directs the CPIO to show-cause why maximum penalty should not be imposed upon him for not providing information as per time limit prescribed under RTI Act, within 30 days from date of receipt of this order.1
3. The Commission's order dated 29.06.2017:
3. The PIO stated that this appellant is working as Office Superintendent and in this regard, a detailed written explanation dated 13.04.2017 was submitted to the Commission, which explains:
"1. I received Hon'ble Commission's show-cause notice on the above subject, given vide your letter no. CIC/BS/A/2016/000790 dated 29.03.2017, on 07.04.2017. no information was received by me on this matter earlier, and therefore, I could not attend before the Hon'ble Commission to present the case on 29.03.2017.
2. I received Hon'ble Commission's letter no. CIC/BS/C/2016/000317 dated 23.03.2017 for appearance before Commission for hearing on the second appeal filed by Shri Sanjay Kumar Srivastava on 06/04/2017 at 02.45PM. the letter was received at the Directorate on 05.04.2017.
3. I appeared before Hon'ble Commission on 06.04.2017 at 02.45PM and submitted all the relevant information including points 2 and 3 of the show cause letter. It may be mentioned that the subject referred to by the Hon'ble Commission in its letter No. CIC/BS/A/2016/000790 dated 29.03.2017 and letter No. CIC/BS/C/2016/000317 dated 23.03.2017 are one and the same, i.e., relating to second appeal made by Shri Sanjay Kumar Srivastava against non-payment of his medical bills and failure of CPIO, DGMS(NZ) to furnish reply to his RTI application to his satisfaction.
4. Necessary action has already been initiated on the final order given by the Hon'ble Commission consequent to hearing dated 06.04.2017. the Hon'ble Commission is assured that the order shall be complied within in letter and spirit within stipulated time.
5. I further humbly submit that Shri Sanjay Kumar Srivastava's application under RTI Act, 2005, dated 24.11.2015, was received to this office on 11.12.2015 and reply to his application was given vide CPIO, DGMS (NZ)'s letter No. 29025/2/NZ-GWLR/2015/RTI/4674 dated 31.12.2015.
From the above it is evident that all relevant information asked by Shri Sanjay Kumar Srivastava under RTI Act, 2005, regarding information on status of his medical bills were given to him in well within the prescribed time limit.
In so far as delay in payment of medical bills claimed by Shri Sanjay Kumar Srivastava, which have not been paid to him, this is to submit that -
i. As per Office records, he submitted 27 bills during the period 05.06.2014 to 04.11.2015.
ii. Since provision of Central Service (of medical Attendance) Rules, 1944, do not permit treatment of dependants of Govt. Servant by private Medical Practitioner authorized as AMA outside their normal duty station, all the bills raises/claimed by Shri Sanjay Kumar Srivastava, were not found admissible for payment, and were returned to him vide DDO, DGMS (NZ) letter No. 4531 dated 17.12.2015.
I am to submit that delay in informing Shri Sanjay Kumar Srivastava that his bills are not admissible for payment was on account of official procedures, which were required to be followed.
This is further to submit before the Hon'ble Commission that Shri Sanjay Kumar Srivastava was well aware after receipt of DDO, DGMS (NZ) letter dated 17.12.2015, that his claim is not tenable in accordance with Central Service (of Medical Attendance) Rules, 1944, but has continues to raise objections and prefer 2 an appeal before the Hon'ble Commission. The Hon'ble Commission is requested to kindly take note of this aspect also.
In so far as the time limit within which issues related to reimbursement of medical bills are settled is concerned, this is to submit before the Hon'ble Commission that no time limit has been fixed for the purpose and disposal of medical bills depends on availability of budget under the required head. Looking at budgetary constraints before DGMS, no time limit for reimbursement of medical bills has been declared by DGMS under Sec.4(1)(b) of the RTI Act, 2005. However, the concern raised by the Hon'ble Commission is being forwarded to the Director General of Mines Safety, for appropriate action n the subject.
In view of the above, I humbly request the Hon'ble Commission not to initiate any penal action against me since all the information was supplied within the stipulated time frame.
4. The Commission in the matter of CIC/BS/C/2016000317 decided on 06.04.2017 had directed the PIO as under:
"4. The Commission after analysing the intricacies directs the CPIO to make a copy of entire bills as a file, status of the payment and send it to the complainant, within 15 days from the date of receipt of this order. The complainant further can make a complaint against the non-compliance."
5. After hearing the submissions of the parties and perusing the records available, the Commission arrives at a decision that all the information has been provided well within the time. The Commission advises the appellant to make a comprehensive complaint and address it to Shri M. Sahay, Director, within 15 days and accordingly directs the respondent authority to provide information and assist the appellant as per the guidelines for the time being in force, within 30 days from the date of the receipt of appellant's representation.
Decision :
4. On 12.07.2017, Shri Madhukar Sahay, CPIO and Director wrote a letter to the appellant, which explains:
"...as directed by Hon'ble Information Commissioner, during hearing of show- cause notice on 22.06.2017, to collect information from Drawing Disbursing Officer, NZ, Ghaziabad and give information to you regarding non-payment of your medical bills of amount Rs. 34,483/-. The information are as under:-
a. Letter sent to you by undersigned by mail on 27.06.2017 at 11:44 hrs., to submit supporting documents i.e. DOPT order and circulars related to your medical bill claim.
b. You have submitted your supporting documents via mail on 30.06.2017. c. Letter sent to DDO, NZ, Ghaziabad on 03.07.2017 for information after receipt of your documents.
d. Information submitted by DDO, NZ, Ghaziabad on 12.07.2017 enclosed herewith on page "2", and also DDO advises you to come office of the DDG, NZ, Ghaziabad, between 17.07.2017 to 21.07.2017 for further clarification in this regard, if any, you like.3
5. On 23.01.2018, Shri Madhukar Sahay gave a written explanation to the Commission, which explains:
"1. Complaint of Sh. Sanjay Kumar Srivastava appellant has not received to me after final order passed on 29/06/2017, reference no. CIC/BS/A/2016/000790.
2. As directed by Honourable Information Commissioner, information was collected from Drawing Disbursing Officer, Northern Zone, Ghaziabad and information was given to him by letter no. RTI/2017/1957 dated 11/07/2017 and vide letter no. S-29025/01/2017/NZ/RTI/2849 dated 12/07/2017 respectively.
3. Sh. Sanjay Kumar Srivastava, OS, DGMS office, Gwalior, made a complaint to DGMS (HQ), Dhanbad, regarding non-payment of his medical bills. In this regard, Dy. Director General, Northern Zone, submitted his comments with his bills to DGMS (HQ) Dhanbad and consequently Director General of Mines Safety, Dhanbad directed to DDG, Northern Zone, to take advice from the Directorate General of Health Services, New Delhi, vide letter No. Acctt.II/Med/42 Dhanbad dated: 17/07/2017 respectively.
In view of the above the honourable Information Commissioner is hereby prayed to close the case, as all the information already supplied to the appellant within stipulated time.
6. The Commission upon hearing both the parties and perusal of records finds that the respondent authority has provided all the information to the appellant and has complied to the Commission's Order dated 29.06.2017. The Commission finds no reason to interfere in this matter and the explanation provided by the CPIO/Director Shri Madhukar Sahay is satisfactory, hence penalty proceedings are dropped. Disposed of.
SD/-
(M. Sridhar Acharyulu) Central Information Commissioner 4