Central Information Commission
Sanjeev Kumar vs Delhi Police on 23 May, 2025
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/DEPOL/A/2024/124911
Shri Sanjeev Kumar ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
Delhi Police
Date of Hearing : 14.05.2025
Date of Decision : 14.05.2025
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 12.05.2024
PIO replied on : 11.06.2024
First Appeal filed on : 14.06.2024
First Appellate Order on : 12.07.2024
2ndAppeal/complaint received on : 02.08.2024
Information soughtand background of the case:
The Appellant filed an RTI application dated 12.05.2024 seeking information on following points:-
1. "Complete information together with all related documents/correspondence/file-notings etc on action taken on my subsequent email-complaint dated 21.04.2023 in subsequence to my original complaint dated 06.06.2023 addressed to worthy Delhi Police Commissioner (copy enclosed) either by Delhi Police and/or by any authority where the said complaint might have been forwarded
2. Copy of complete file with District Investigating Unit (DU) under Deputy Commissioner of Police (South East) and/or any other concerned office relating to my said complaint dated 21.04.2024 in subsequence to original complaint dated 06.06.2023 enclosing also questionnaire put to the said Artemis Hospital and reply received from the said hospital
3. Had the said Artemis Hospital valid license issued by DGHS and/or any regulatory public-authority on the dates of hospitalization (07.04.2023 and 08.04.2023) of my wife Smt Shikha Aggarwal
4. If yes to (3), provide a copy of the license of validity from 07.04.2023 to 08.04.2023 from the concerned regulatory authority to the said Artemis Hospital
5. If no to (3), complete and detailed information together with all related documents/correspondence/file-notings etc on action taken against the said Artemis Hospital for continuing hospital and medical treatments on 07.04.2023 and 08.04.2023 without having a valid license Page 1
6. Relationship of Claim Therapist with the said Artemis Hospital for cashless hospital-treatment 7. Year-wise number of cases settled by Claim Therapist in respect of the said Artemis Hospital ever since the said Artemis Hospital started its hospital-activities
8. Names of doctors for which hospital-authorities charged fees in respect of treatment of my wife Smt Shikha Aggarwal clearly mentioning part of charged fees (a) paid to concerned doctors (b) retained by hospital-authorities
9. Copies of statements by Dr Amita Jain about her having signed any anti-
dated papers subsequent to my complaint dated 06.06.2023relating to surgery and medical treatment of Smt Shikha Aggarwal as referred in my complaints dated 21.04.2023 and 06.06.2023
10. Copies of statements of concerned ones at Artemis Hospital (a) relationship of Artemis Hospital with Claim Therapist (b) if Artemis Hospital had approached National Insurance Company for mediclaim apart from aspects referred in other queries of this RTI application
11. Complete information on action taken by IO Shri Pawan (DIU) to refer the complaint to Medical Council of India as originally suggested to my brother Shri Subhash Chandra Agrawal on 11.04.2024
12. File-notings on movement of RTI application."
The CPIO vide letter dated 11.06.2024 replied as under:-
1. "Regarding point No. 1, It is submitted that during the enquiry of Complaint of Mr. Sanjeev Kumar it came to know that the complaint merely belongs to the overcharged bill i.e. civil in nature and the same has been filed vide dispatch No. 217/ACP/DIU SED, Dated 22/04/2024. No spare set is available at DIU. Copy of notesheet & remarks of officers can't be given U/s 8(g).
2. As mentioned at Point No. 1 it si submitted that complaint was civil in nature and the same has been filed vide dispatch No. 217/ACP/DIU SED, Dated 22/04/2024. No spare set is available at DIU. Cory A be given Mit of came raply is 3. Durig enquiry it came to know that Artimis Hospital filed application for renewal and the licence was under renewal on the said date.
4. Details already mentioned at Point no. 3. Copy be taken from Cowor
5. Details already mentioned at Point no. 3.
6. Matter is civil in nature, does not come under the purview of enquiry.
7. As mentioned at point No. 6.
8. Matter is civil in nature, does not come under the purview of enquiry.
9. It is submitted regarding point No. 9 that during enquiry Dr Amita Jain denied allegations and during enquiry nothing came on record in this regard.
10. Matter is civil in nature, does not come under the purview of enquiry.
11. During enquiry no cognizable offence is made out, matter is purely civil in nature and the same has been filed as mentioned above.
12. In this regard it is submitted that RTI was received vide dispatch No. 4168-70, RTI Cell/SED, dated 14.05.2024."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 14.06.2024. The FAA vide order dated 12.07.2024 upheld the reply of CPIO and also annexed the copy of the same.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Page 2 Facts emerging in Course of Hearing:
Appellant: Shri Subhash Aggarwal(AR) Respondent: ACP Virender Dabi, Insp Rajender, SI Sunil Dagar, SI Pawan Kumar.
Submissions of the Appellant:
Vide my online RTI application DEPOL/R/E/24/04616 dated 12.05.2024 sought information also under provisions of section 4(1)(d) of RTI Act with myself being affected individual on under-mentioned aspects relating to my email dated 21.04.2024 addressed to Delhi Police Commissioner where information sought is also under provisions of section 4(1)(d) of RTI Act with myself being affected individual.
Learned PIO vide response dated 11.06.2024 in a clubbed response to all the twelve points of RTI application enclosed an eye-wash response by the concerned IO Shri Pawan Kumar while I sought information mainly relating to his conduct as Investigating Officer.
I filed my online First Appeal DEPOL/A/E/24/01073 dated 14.06.2024 where instead of providing information on point number (1) of RTI application on sudden and surprised changed behavior of 10 Shri Pawan Kumar, learned PIO instead of providing information on action-taken on my enclosed email dated 21.04.2024 submitted a closure-report by none other than IO Pawan Kumar himself. I appeal that PIO may be directed to re-visit query (1) by seeking inputs and clarifications from IO Shri Pawan Kumar on my email dated 21.04.2024. Furthermore, in case no spare sheet is available, then copied documents must be provided but now free-of-cost under section 7(6) of RTI Act. There is no logic in imposing section 8(1)(g) for providing copies of note-sheets and other documents on this point.
Copy of complete file on my complaint dated 06.06.2023 as available with District Investigating Unit of Delhi Police (South East) as sought in query (2) of my RTI application should be provided but now free-of-cost under section 7(6) of RTI Act. It is highly objectionable that information to an affected RTI applicant is unnecessarily being denied as Third Party Information.
In point-number (3), now it has been revealed by Directorate General of Health Services (GNCTD) that the said Artemis Lite Hospital got license for the first time with effect from 01.08.2023. Earlier as admitted by DGHS (GNCTD), the license was in name of Bansal Hospital even which expired on 31.03.2023. Such negligent attitude of authorities in allowing hospitals in Delhi area without proper license led to a major fire in a Delhi Hospital in Vivek Vihar on 26.05.2024 resulting in death of seven new-born children when the said hospital was also running without any renewed license on the death of unfortunate incident. If that was a cognizable offence, then Delhi Police in this case of the said Artemis Lite Hospital has to take it also as cognizable offence for Artemis Lite Hospital working without a valid or renewed license on the date of surgery. I appeal that PIO may be directed to re-visit query (3) after taking action against Artemis Lite Hospital for not at all having a license on the date of surgery of my wife. Subsequently query (5) may be directed for a re-visit because admittedly Artemis Hospital did not at Page 3 all have a license on date of surgery of my wife. Otherwise also no license to a hospital can be effective from a retrospective date.
I appeal query-numbers (6), (7) and (8) may kindly be directed for re-visit as these queries are part of police-investigation specially after a big lapse of Artemis Lite Hospital not at all having a license on date of surgery of my wife.
Delhi Police may be directed to submit a written statement of Dr Amita Jain in reference to query (9) of RTI application. Likewise Delhi Police may kindly be directed to provide copies of statements of concerned ones at Artemis Hospital (a) relationship of Artemis Hospital with Claim Therapist (b) if Artemis Hospital had approached National Insurance Company for mediclaim apart from aspects referred in other queries of this RTI application as sought in query (10) of RTI application. Delhi Police may be directed to respond to query (11) on steps taken by Delhi Police to refer my complaint to Medical Council of India.
Further in continuation to my submissions dated 02.08.2024 already on record, I wish to bring to kind notice of your honour that the said Artemis Lite Hospital has since confirmed that it has to pay rupees 59337 when a WhatsApp message of copy of the cheque number 864469 dated 08.01.2025 drawn on HDFC Bank issued by Artemis Medicare Services Limited favouring Shikha Agrawal for rupees 59337 (copy of cheque enclosed) was sent by Dr Sandeep Kumar Agarwal, Medical Superintendent (Nursing Homes). Directorate General of Health Services DGHS (GNCTD) at mobile number of my brother RTI consultant (representing me also before your honour) Shri Subhash Chandra Agrawal (Mobile number 9810033711) at 5.43 pm on 08.01.2025, But the said cheque was neither physically delivered to the beneficiary my wife Smt Shikha Aggarwal nor to myself being the petitioner in the case nor to my brother RTI consultant Shri Subhash Chandra Agrawal representing in the case. Since this is further a fraud committed by Artemis Lite Hospital in conspiracy with Dr Sandeep Kumar Agarwal, Medical Superintendent (Nursing Homes). Directorate General of Health Services DGHS (GNCTD), recommendations may kindly be made under section 25 of RTI Act to Delhi Police to register a case against Artemis Hospital and Dr Sandeep Kumar Agarwal for such mischief to make commitment of payment as sought in my complaint dated 06.06.2024 but not actually making the said payment unless Delhi Police ensures actual payment of rupees 59337 to the beneficiary either through internet banking or through issue of a fresh cheque since earlier issued (but not delivered) cheque dated 08.01.2025 has now become stale and outdated.
Now it has been revealed by Directorate General of Health Services (GNCTD) that the said Artemis Lite Hospital got license for the first time with effect from 01.08.2023. Earlier as admitted by DGHS (GNCTD), the license was in name of Bansal Hospital even which expired on 31.03.2023. Such negligent attitude of authorities in allowing hospitals in Delhi area without proper license led to a major fire in a Delhi Hospital in Vivek Vihar on 26.05.2024 resulting in death of seven new-born children when the said hospital was also running without any renewed license on the death of unfortunate incident. If that was a cognizable offence, then Delhi Police in this also has to take it as cognizable offence for Artemis Lite Hospital working without a valid or renewed license on the date of surgery because admittedly Artemis Hospital Page 4 did not at all have a license on date of surgery of my wife. Otherwise also no license to a hospital can be effective from a retrospective date. Same has also been discussed in detail in CIC-verdict dated 16.01.2025 in file-number CIC/GNCTD/A/2024/108412 in the matter Sanjeev Kumar versus Directorate General of Health Services (GNCTD) where Hon'ble Commissioner made suitable recommendations in this regard. Delhi Police may kindly be directed to respond to query-numbers (3), (4) and (5) in this regard by harsh interrogations with concerned ones at Artemis Lite Hospital.
Artemis Lite Hospital in the same case CIC/GNCTD/A/2024/108412 has confessed a fiduciary relationship between Claim Therapist and Artemis Lite Hospital. Since I have been cheated by Artemis Lite Hospital at the time of admission that I would not have to pay anything for the surgery since they had an arrangement with Claim Therapist (The hospital even lodged a claim with concerned National Insurance Company, a case of cheating is also requested to be recommended against Artemis Lite Hospital and Claim Therapist under section 25 of RTI Act apart from Delhi Police responding to query-numbers (6) and (7) in this regard by harsh interrogation with Artemis Lite Hospital in this regard also to prevent any such further cheating of others.
It is significant that the responding PIO i.e. Dr Sandeep Kumar Agarwal, Medical Superintendent (Nursing Homes), Directorate General of Health Services GNCTD was penalized under section 20 of RTI Act and i was compensated under section 19(8)(b) of RTI Act in the said case CIC/GNCTD/A/2024/108412.
I further request that Delhi Police may also kindly be directed to transfer my RTI application together with my complaint to Medical Council of India (now National Medical Commission) and Delhi Medical Council which are the appropriate authorities in this regard under section 6(3) of RTI Act.
Submissions of the CPIO:
The CPIO submitted that information has been provided.
Decision:
Upon the perusal of the case records & submissions, the Commission observes that an appropriate reply has been provided by the CPIO. No further action lies.
Page 5 The Appeal stands disposed off.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 6 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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