Central Information Commission
Anoop Kumar Singh vs Central Government Health Service ... on 15 March, 2024
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमागग, मुननरका
Baba Gangnath Marg, Munirka
नईददल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/MOHFW/A/2023/610472
CIC/CGHSD/A/2023/620296
Shri Anoop Kumar Singh ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, Department of Health & Family Welfare ...प्रनतवादीगण /Respondent
PIO, Central Government Health Service (CGHS),
Delhi
Date of Hearing : 13.03.2024
Date of Decision : 13.03.2024
Chief Information Commissioner : Shri Heeralal Samariya
Since the subject matter of the information sought is similar, the above
mentioned cases are clubbed together for hearing and disposal.
Case RTI Filed CPIO reply First appeal FAO 2nd Appeal
No. on received on
610472 23.12.2022 19.01.2023 28.01.2023 13.02.2023 Nil
620296 30.01.2023 24.02.2023 02.03.2023 27.03.2023 Nil
Information soughtand background of the case:
(1) CIC/MOHFW/A/2023/610472 The Appellant filed an RTI application dated 23.12.2022 seeking information on following points:-
"Please refer MP Letter No.MP/LS/SKN/PKN/1270 dated 27.11.2022 regarding clarification regarding reimbursement for treatment of Autism and delivered to Ministry on 01.12.2022 vide consignment number EU961278424IN vide India Post.
Hence, please provide all communication and including copy of note sheet related to this letter done by your department or other department under Government of India."
The CPIO & Under Secretary, Ministry of Health and Family Welfare (Mental Health Division), New Delhi vide letter dated 19.01.2023 replied as under:-
Page 1 of 4"It is to intimate you that a copy of your RTI application dated 23.12.2022 has been received in the Mental Health Division of this Ministry seeking information regarding MP letter No.MP/LS/SKN/PKN/1270 dated 27.11.2022. In this connection, it is stated that the said communication has not been received in the Mental Health Division of this Ministry, therefore, the information sought by you is not available in this Division. Therefore, the information in respect of this Division may be treated as NIL. The RTI Cell of this Ministry is being requested to send your RTI Application to other Division/ Department of this Ministry."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 28.01.2023. The FAA and Director (Mental Health) Mental health Division, M/o Health and Family Welfare vide order dated 13.02.2022 upheld the reply of CPIO.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
A written submission has been received from the CPIO and US, Mental Health Division, M/o Health and Family Welfare dated 07.03.2024 wherein in addition to the replies provided to the Appellant, it was stated that on tracking the said letter dt 27.11.2002 it is found that the same was sent to CGHS HQ. New Delhi. Accordingly, the contents of the appeal in question alongwith original application have been sent to the concerned division to provide information to the applicant directly under intimation to this Division vide letter dt 07.03.24.
(2) CIC/CGHSD/A/2023/620296 The Appellant filed an RTI application dated 30.01.2023 seeking information on following points:-
"Your office vide letter dated 20.12.2022 (attached) write to FCI, Hqrs that file under process in MOHFW to formulate the guideline regarding the admissibility of reimbursement of treatment for Autism, ADHD, Occupational Therapy and Behavioural Therapy.
In this it is request to provide copy of note sheet, document including draft document and any committee report regarding formulation of the guideline regarding the admissibility of reimbursement of treatment for Autism, ADHD, Occupational Therapy and Behavioural Therapy."
The CPIO, Central Government Health Service (CGHS), Delhi vide letter dated 24.02.2023 replied as under:-
"File is under process in M/o Health & Family Welfare and cannot be communicated unless it is finalized."Page 2 of 4
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 02.03.2023. The FAA vide order dated 27.03.2023 stated as under:-
"...........the information has already been provided to you within stipulated time, of your RTI application."
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
A written submission has been received from the CPIO and AD (R &H), CGHS HQ vide letter dated 29.02.2024 wherein it was stated that the guidelines for availing treatment under CGHS and CSMA Rules, 1944, for occupational Therapy, speech therapy and applied behaviour analysis (ABA) based behavioural therapy in individuals with Autism Spectrum Disorder (ASD)/ Non-autistic person/children with ADHD and specific learning disabilities was finalised as per OM dated 01.05.2023, a copy of which was enclosed with the written submission.
Facts emerging in Course of Hearing:
Appellant: Present Respondent: 1. Smt Rajni Bala, CPIO, M/o Health and Family Welfare;
2. Dr Susana Tigga, AD (R&H), CGHS (HQ), New Delhi The Appellant stated that complete and satisfactory information was not provided to him, till date. He desired that note sheets, documents including draft document and any committee report regarding formulation of the guideline regarding the admissibility of reimbursement of treatment for Autism, ADHD, Occupational Therapy and Behavioral Therapy should be provided by the Respondent.
Smt Rajni Bala reiterated her written submission dated 07.03.2024 and state that the information sought is not available with them since the letter dated 27.11.2022 referred in the RTI application was sent to CGHS, HQ, New Delhi. Hence, the information may be available with CGHS, HQ, New Delhi.
Dr Susana Tigga stated that the guidelines for availing treatment under CGHS and CSMA Rules, 1944, for occupational Therapy, speech therapy and applied behaviour analysis (ABA) based behavioural therapy in individuals with Autism Spectrum Disorder (ASD)/ Non-autistic person/children with ADHD and specific learning disabilities was finalised as per OM dated 01.05.2023, a copy of which was enclosed with the written submission.
Decision:
In the light of the facts of the case and the submissions made by both the parties, the Commission directs Dr Susana Tigga, AD (R&H), CGHS (HQ), New Delhi to forward a copy of her written submission dated 29.02.2024 with all enclosed documents to the Appellant through speed post within 30 days from the date of Page 3 of 4 receipt of this order for his ready reference and perusal. The Commission finds that appropriate response is accordance with the provisions of the RTI Act, 2005 has been provided to the Appellant at this stage. Hence, no further intervention of the Commission is required in these matters.
The instant Second Appeals stand disposed off as such.
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 4 of 4