Central Information Commission
Arun Chhari vs Central Government Health Service ... on 30 January, 2026
के ीय सू चना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/CGHSD/A/2024/654122
Arun Chhari .....अपीलकता/Appellant
VERSUS
बनाम
CPIO
Central Government Health Service
O/o the Additional Director, CGHS
HQ, CGHS Building, Sec-13, R.K.
Puram, New Delhi-110066
.... ितवादीगण /Respondent
Date of Hearing : 20.01.2026
Date of Decision : 30.01.2026
INFORMATION COMMISSIONER : Jaya Varma Sinha
Relevant facts emerging from appeal:
RTI application filed on : 12.09.2024
CPIO replied on : Not on record
First appeal filed on : 12.10.2024
First Appellate Authority's order : Not on record
2nd Appeal dated : 06.12.2024
Information sought:
1. The Appellant filed an RTI application dated 12.09.2024 (online) seeking the following information:
"I have made a complaint vide registration no. DHLTH/E/2024/0012893 on 11.08.2024 against the violation of MoA and harassment against Silverline Hospital empanelled under Trivandrum/Cochin CGHS.CIC/CGHSD/A/2024/654122 Page 1 of 5
The said complaint was closed on 29.08.2024 with closure remark, "Strict instructions issued to concerned HCO regarding excess payment received from beneficiary and action will be taken accordingly."
In view of the same kindly provide:
1) Copy of strict instruction issued to the HCO as referred above.
2) Details of action taken against the HCO for overcharging and harassment. In addition to the above kindly provide:
3) How many complaints have been received, so far, against Silverline Hospitals, Kadavanthara, Cochin from CGHS beneficiaries through online as well as offline mode with summary of complaints therein.
4) Details of action taken against the Silverline hospital in the said complaints.
5) If no action has been taken against the hospital then please provide the reason for the same.
6) Whether any action is being taken to allow referral for Ayurvedic hospitals situated in Cochin from Cochin CGHS wellness centre itself."
2. Having not received any response from the CPIO, the Appellant filed a First Appeal dated 12.10.2024. The FAA order is not available on record.
3. Feeling aggrieved and dissatisfied, Appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Absent.
Respondent: Dr. Srinivas Murthy, CPIO (Nodal Officer/RTI), attended the hearing in person.
4. The Appellant did not participate in the hearing.
5. The Respondent submitted that their office has neither received the instant RTI Application nor received the First Appeal at the initial stage on the online CGHS portal of Delhi. He apprised the Bench of the fact that the Public Authority i.e., Central Government Health Scheme was inadvertently opened by the DOPT and their office have sent many requests to the close the abandoned portal. Upon receipt of the hearing CIC/CGHSD/A/2024/654122 Page 2 of 5 notice from the Commission, the relevant information has been provided to the Appellant vide letter dated 15.01.2026
6. A written submission has been received from Dr. S. Murthy, Nodal Officer/RTI, vide letter dated 16.01.2026, a copy of which has been sent to the Appellant and the same has been taken on record. The relevant extract of the same is as under:
"In Reference to the notice for Hearing of Hon'ble CIC vide no. CIC/CGHSD/A/2024/654122 dated 30.12.2025, received in this office on 06.01.2026, through Dy. Registrar CIC.
In this regard, it is informing that, RTI application CGHSE/R/E/24/01238 dated 12.09.2024 and 1st appeal CGHSE/A/E/24/00588 dated 12.10.2024 were not received on online-RTI portal CGHS Delhi (Registration Code- CGHSD). Now the copy of RTI application dated 12.09.2024 and 1st appeal dated 12.10.2024 are received with CIC notice dated 30.12.2025, and the information already provided by concerned CPIO/CGHS-Trivandrum, directly to applicant (copy enclosed)."
7. The contents of letter dated 15.01.2026 are as under:
"In reference to the above the information sought vide letter No:
05.12.2024 is furnished below:
1. Not available
2. Silverline Hospital representatives were called to the Office of the Additional Director, CGHS, Trivandrum. Details of the bills for dental treatment were verified, and the HCO explained that different rates are applicable for review OP consultations for non-CGHS beneficiaries. They also clarified that a registration fee was charged for the complainant's mother, who had availed herself of dental treatment without a reference.
A patient reference form was also produced, which did not state a CGHS referral. However, a verbal warning was given about charging in excess of CGHS rates for listed procedures, and the HCO should assure that CGHS beneficiaries will be extended all due courtesies as per CGHS guidelines.
3. One complaint regarding excess payment received in 2022.
4. Written clarification on the mistake in billing and correction by paying the excess amount charged to the beneficiary.
5. NA CIC/CGHSD/A/2024/654122 Page 3 of 5
6. No Ayush units sanctioned in CGHS Wellness center, Kochi."
Decision:
8. The Commission after adverting to the facts and circumstances of the case and perusal of the records, observes that the answering Respondent has neither received the instant RTI Application nor received the First Appeal at the initial stage. Upon receipt of the hearing notice from the Commission, the Respondent vide letter dated 15.01.2026 has provided the relevant information based on available records to the Appellant.
9. In the instant case, the Appellant had sought information from the Respondent regarding copy of strict instructions issued to concerned HCO regarding excess payment charged from CGHS beneficiary. The Respondent vide letter dated 15.01.2026 has informed that a verbal warning was given about charging in excess of CGHS rates for listed procedures. This kind of practice adopted by the Respondent and the averred hospital contravenes the agreement between CGHS and the hospital. Such an obvious gap in the system is a unique malady, which defeats the very purpose of enactment the RTI Act particularly its preamble.
10. In light of the provisions of the RTI Act, 2005 and CGHS guidelines, strict action is recommended against the averred hospital for allegedly charging excess payments. Accordingly, the Respondent public authority is advised to Investigate the discrepancies and recover excess amounts from the hospital and consider penal action as per CGHS terms if violations are confirmed and inform the affected beneficiaries about resolution steps
11. Be that as it may, the Commission observes that there is a parallel RTI portal for the Respondent Public Authority, which has been abandoned, but few Applicants are still filing RTI Applications on that portal.
Therefore, an Advisory under Section 25 (5) of the RTI Act is issued to the Respondent Public Authority to look into the matter and initiate the process for removal of the same after consulting DOPT. The Respondent Public Authority is further advised to initiate the process of transferring the balance RTI Applications from the abandoned portal to the new portal, so that they can be replied as per the provisions of RTI Act.
CIC/CGHSD/A/2024/654122 Page 4 of 512. The CPIO and FAA is directed to place a copy of this order before the competent authority to take necessary action.
The appeal is disposed of accordingly.
Jaya Varma Sinha (जया वमा िस ा) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स ािपत ित) (Ashutosh Vasishta) Dy. Registrar 011- 26107042 Copy To:
The FAA, O/o the Additional Director, CGHS HQ, CGHS Building, Sec-13, R.K. Puram, New Delhi-110066 CIC/CGHSD/A/2024/654122 Page 5 of 5 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
1. It is recommended to maintain records in digital form for proper management and ease of access in compliance with clause (a) of sub-section (1) of section 4 of the RTI Act, 2005.
Powered by TCPDF (www.tcpdf.org)