Central Information Commission
Mrvimpal vs Ministry Of Health & Family Welfare on 27 January, 2016
CENTRAL INFORMATION COMMISSION
August Kranti Bhawan, Bhikaji Cama Place,
New Delhi-110066
F.No. CIC/YA/A/2015/000995 F.No. CIC/YA/A/2015/001073
F.No. CIC/YA/A/2015/001495 F.No. CIC/YA/A/2015/001496
F.No. CIC/YA/A/2015/001497 F.No. CIC/YA/A/2015/001707
F.No. CIC/YA/A/2015/001708 F.No. CIC/YA/A/2015/001709
F.No. CIC/YA/A/2015/001710 F.No. CIC/YA/A/2015/001838
F.No. CIC/YA/A/2015/002691
Date of Hearing : 27.01.2016
Date of Decision : 27.01.2016
Complainant/Appellant : Mrs. Vimpal
(Through husband Shri Luvkesh Sehgal)
Respondent : Shri Manoj Jain, CPIO
Shri Rakesh Nayal, US (RTI) Ministry of Health & FW Dr. Rupak Chatterjee, Sr. CMO/CGHS Shri Mohan Lal, Nodal officer RTI Dr.Rajni Bela Baxla (CMO NFSG) Dr.Arvind Kumar, CMO (SAG) Dr. Shalley Kumar SPO, Dte. Of Family Welfare Information Commissioner : Shri Yashovardhan Azad Case No. RTI filed on CPIO replied First appeal FAA order on Complain/second on filed on appeal received on CIC/YA/A/2015/000995 12.02.2015 No reply 13.03.2015 No order passed 30.04.2015 CIC/YA/A/2015/001073 08.01.2015 27.01.2015 & 11.02.2015 No order passed 09.04.2015 09.03.2015 CIC/YA/A/2015/001495 09.03.2015 16.03.2015 & 10.04.2015 No order passed 3.06.2015 10.04.2015 CIC/YA/A/2015/001496 13.03.2015 No reply 13.04.2015 No order passed 03.06.2015 CIC/YA/A/2015/001497 10.03.2015 Reply date not 13.04.2015 No order passed 03.06.2015 mentioned CIC/YA/A/2015/001707 27.03.2015 No reply 28.04.2015 No order passed 16.06.2015 CIC/YA/A/2015/001708 24.03.2015 No reply 27.04.2015 No order passed 16.06.2015 CIC/YA/A/2015/001709 09.03.2015 16.03.2015 10.04.2015 No order passed 16.06.2015 CIC/YA/A/2015/001710 27.01.2015 05.02.2015 06.03.2015 No order passed 16.06.2015 CIC/YA/A/2015/001838 09.03.2015 16.03.2015 06.04.2015 01.05.2015 08.07.2015 CIC/YA/A/2015/002691 14.05.2015 No reply 16.06.2015 03.07.2015 12.11.2015 CIC/YA/A/2015/000995 The Appellant states that query regarding the policy of CGHS reimbursement under query no. 2 of RTI Application dated 12.02.2015 has not been replied to. Dr. Rupak Chatterjee, CPIO submits that information sought pertains to Hospital Empanelment Cell and prays for time to furnish the same.
Decision:-
After hearing both parties and on perusal of record, the Commission directs the CPIO to furnish the information on query no 2 free of cost within 2 weeks.
The appeal is disposed of accordingly.
CIC/YA/A/2015/001073 The Appellant submits that all information sought vide RTI application dated 08.01.2015 has been received. The CPIO submits that delay was caused for want of additional fee levied as photocopying charges.
In this backdrop, the Appellant did not press the appeal. Decision:-
After hearing both parties and on perusal of record, the Commission observes that RTI query has been answered adequately.
The appeal is disposed of accordingly.
CIC/YA/A/2015/001495 CIC/YA/A/2015/001709 Both the appeals are identical and being disposed by a common order.
The Appellant submits that information was sought under 11 points vide RTI application dated 09.03.2015 but only 3 points had been replied to by CPIO, PNDT Section. The CPIO submits that information on points 4-11 of the RTI application falls in the domain of Govt. of NCT Delhi and as such the RTI application was transferred to CPIO, GNCTD.
The CPIO, GNCTD submits that information under all points except point no 6 has been furnished to the Appellant. Query no 6 is extracted hereinafter:
"6. On 14.08.2014 please reply how many /kind of (Level - II, Growth, Scan Clour Doppler etc) Pregnancy Ultrasound Test conducted by Dr. Gaurav Kapoor, Radiologist in numbers and places/centres/hospital and please specify the time of those tests (I don't want personal names on whom, pregnancy Ultrasound test was conducted, nor I want the report) "
The CPIO, GNCTD submits that information is not maintained as such in the form sought and specific number of tests conducted by concerned doctor is not known since data held by them is an amalgamated statistics report.
The Appellant alleges that as per prevailing malpractices in the medical diagnostics arena, some doctors are allowing multiple diagnostic centres to capitalize upon their names whereas in fact, technicians are manufacturing diagnostic reports on behalf of such doctors without a check.
Upon query, the CPIO, GNCTD assures the Commission to take all necessary steps to provide information to the Appellant on the aforesaid point.
Decision:-
After hearing both parties and on perusal of record, the Commission observes that RTI query has been answered adequately.
The appeal is disposed of accordingly.
.
CIC/YA/A/2015/001496 The Appellant submits at the outset that information sought has been received by him. The CPIO, CGHS regrets delay caused in furnishing information.
In this backdrop, the Appellant did not press the appeal.
Decision:-
After hearing both parties and perusal of record, the Commission observes that RTI query has been answered adequately.
The appeal is disposed of accordingly.
CIC/YA/A/2015/001497 Vide RTI dated 10.03.2015, the Appellant sought information under 6 points regarding CGHS reimbursement policy of NABH & Non NABH accredited lab and amount paid to Dr. Lal Path Lab, Eskay House, Hanuman Road New Delhi.
The Appellant alleges that information sought was not furnished. The CPIO, CGHS (HQ) submits that information sought pertained to UTI-ISTL and Hospital Empanelment cell and the RTI application was forwarded to respective CPIOs on 01.05.2015. The CPIO, CGHS produces a copy of reply so received from respective CPIOs for perusal of Commission. A copy of the same is supplied to Appellant in premises. The CPIO submits that delay in furnishing information was caused due to ongoing audit in UTI-ITSL.
In this backdrop, the Appellant did not press the appeal.
Decision:-
After hearing both parties and perusal of record, the Commission observes that RTI query has been answered adequately.
The appeal is disposed of accordingly.
CIC/YA/A/2015/001707 Vide RTI application dated 27.03.2015, the Appellant sought information on 6 points regarding CGHS empanelment of Rockland Hospital, Dwarka (January 2014), file notings relating to CGHS empanelment.
The Appellant alleges that CPIO did not reply the RTI application. The Appellant submits that cryptic information was furnished despite the intervention of FAA.
The replies of CPIO as well as FAO are not available on record. A copy of same is produced by CPIO for perusal of the Commission.
Decision:-
After hearing both parties and perusal of record, the Commission observes that RTI query was not dealt with diligently and information furnished is cryptic, indeed. The Commission directs the CPIO to furnish all information sought with copies of file notings free of cost within 2 weeks.
The appeal is disposed of accordingly.
CIC/YA/A/2015/001708 Vide RTI application 24.03.2015, the Appellant sought information regarding CGHS Plastic cards and procedure of dispensation of medicines at CGHS dispensaries in Delhi under.
The Appellant submits that his RTI application contained 7 points and information furnished is to the queries. The CPIO submits that information available has been furnished. It is the contention of CPIO that information sought under points no. 4 to 7 is not readily available and furnishing the same would amount to 'creation of information.' Decision:-
Reply of CPIO is not available on record. A copy of the same is placed before the Commission. The Commission observes that information furnished on points no. 1 to 3 is inadequate and directs the CPIO, CGHS (Hq.) to furnish the information afresh.
As regards query no 4 to 7, the Commission observes that the queries made are vague and would amount to creation of information.
The appeal is allowed in part and disposed of accordingly.
CIC/YA/A/2015/001710 The Appellant sought following information:
"1. Are private hospitals which have been given land at a subsidized rates are covered under the RTI Act, 2005.
2. If yes, please provide me the list of Private hospitals in Delhi NCR Region which have been given land at a subsidized rates.
3. Has Rockland Dwarka, Delhi Sector - 12, HAF-B, Phase been given land to set up hospital at subsidized rates.
4. Is Rockland Hospital, Dwarka covered under RTI Act, 2005.
5. Is Union Health Ministry contemplating to bring Private Hospital who have been given land at a subsidized rate under the ambit of RTI Act, 2005."
The Appellant submits that only query no. 5 was replied to. The Appellant asserts that information sought involves larger public interest. The CPIO, CGHS (Hq) submits that the information on points no. 1 to 4 pertained to Govt. of NCT Delhi and hence, the RTI application was accordingly transferred.
Upon query, the CPIO, GNTCD present before the Commission claims ignorance about the RTI application in issue and asks for copy of the same for further action. Copy supplied.
Decision:-
The Commission notes the unusual delay caused in handling of RTI application. The CPIO, Directorate of Health Services, GNCT Delhi is cautioned to be careful in future. The Commission directs the CPIO to furnish the information sought free of cost within 2 weeks under intimation to the Commission.
CIC/YA/A/2015/001838 Vide RTI dated 09.03.2015, Appellant sought information on 8 points. In the present appeal, limited grievance of Appellant is that false information was furnished on point no. 1, 2 and 3. It is specifically mentioned in the appeal as follows:
"2. Reply to Question no. 1 and 2 & 3. As CGHS vide their letter no. C- 13019/25/2015/CGHS/IV dt. 25.02.2015 in response to my RTI application dt. 14.01.2015 stated that Rockland Dwarka was empanelled on 31.03.2013 and further CGHS vide this letter no. C.11015/19/2015-RTI (HEC) dt. 27.01.2015 at S.No. 6 stated that Non-NABH disaccredited hospitals have to get themselves inspected within one year of empanelment. Thus, Rockland Dwarka become ineligible 01.04.2014. This is further corroborated by above RTI Reply dated 25.02.2015 that till date there is no QCI inspection."
The Appellant strenuously argues that false information was furnished deliberately by the CPIO on points 1, 2 &3 and information was not furnished on point no. 8. The CPIO refutes the allegation and submits that inconsistency pointed out by the Appellant would be clarified. The CPIO expresses his inability to present an authoritative version offhand and seeks time to go through the records.
Decision:-
After hearing the parties and perusal of record , the Commission directs CPIO to furnish an authoritative reply to the Appellant clarifying anomalies pointed out by Appellant, under intimation to the Commission. Information on point no. 8 of the RTI application be furnished. The CPIO is directed to ensure compliance within 3 weeks.
The appeal is disposed of accordingly.
CIC/YA/A/2015/002691 The present appeal is founded on two RTI applications dated 08.05.2015 & 14.05.2015 whereof information sought was furnished to Appellant vide communiqués dated 06.07.2015
03.07.2015 respectively.
The Appellant alleges that false information was furnished. The Appellant draws the attention of Commission towards Part C of the memorandum of appeal. The same is extracted hereunder:
"
Date of RTI Information sought Date & Letter No of RTI RTI Reply Application Reply 14/01/2015 Which date C.13019/25/2015/CGHS 31/03/2013 Rockland Hospital -IV dated 25/02/2015 Dwarka was (E.VI) empanelled un CGHS 08/01/2015 Seeking signed copy F. No. 11-7/CGHS/Gr MoA signed between of MoA between Cell/2015 dated CGHS and CGHS and 30/04/2015 Rockland Hospital Rockland Hospital Dwarka on Dwarka 30/04/2013 14/05/2015 Date of C.13019/200/2015- 01/10/2014 empanelment of CGHS-IV dated Rockland Dwarka 03/07/2015 (E.VII) with CGHS as per MoA The RTI reply w.r.t. RTI application dated 14/01/2015 and RTI Reply dated 03/07/2015 are in total contrast to each other which establishes the falsehood perpetrated by CGHS. "
The Appellant produces copy of Dept. of Health & Family Welfare' Office Memorandum No. S.11045/23/2013-CGHS D.II/HEC/CGHS(P) dated 30.04.2013 before the Commission. The Appellant draws attention of the Commission towards para no. 2 of the aforesaid O.M. extracted hereunder:
"2. The enlisted hospitals (including dental clinics and eye centres), diagnostic laboratories and imaging centres, which were already on the panel of CGHS, Delhi & NCR as on 31.03.2013 shall deem to be empanelled under CGHS, Delhi & NCR w.e.f. 01.04.2013 for a period of one year or till next new empanelment, whichever is earlier."
The Appellant contends that in light of above quoted empanelment arrangement, Rockland Hospital, Dwarka got de-empanelled automatically on 31.03.2014. The Appellant contrasts the aforesaid corollary with the RTI reply dated 03.07.2015 wherein it was mentioned as follows:
"Reply no 9: Rockland Hospital Dwarka was empanelled under continuous empanelment scheme w.e.f. 30.04.2013. The E-tender 2014 was initiated in Jan, 2014 and all hospitals were asked to apply afresh for continuation of their empanelment non-empanelment with new rates and new terms & conditions. The list was notifies on 01.10.2014 for Delhi/NCR, hence effective date of empanelment of Rockland Hospital, Dwarka is 01.10.2014 only."
The Appellant vehemently contends that continuation of empanelment of Rockland Hospital beyond 31.03.2014 ought to have been done by way of fresh notification. It is alleged by Appellant that this wasn't done. The Appellant alleges that between 01.04.2014 to 30.09.2014, Rockland Hospital Dwarka was not empanelled under CGHS and general public was misled in this regard.
On the other hand, the CPIO refutes allegations levelled by Appellant and submits that Rockland Hospital, Dwarka remained empanelled continuously under the Continuous Empanelment Scheme without any intermittent gap.
Decision:-
After hearing parties and perusal of record, the Commission directs the CPIO to furnish copy of the notification and rules by virtue of which Rockland hospital, Dwarka remained empanelled from 01.04.2014 to 30.09.2014. The information shall be furnished free of cost within 2 weeks.
The appeal is disposed of accordingly.
(Yashovardhan Azad) Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(B.D. Harit) Deputy Secretary & Deputy Registrar Copy to:-
Central Public Information Officer under RTI CMO - I/c (Hospital Cell), Office of the Addl. Director (HQ), Central Government Health Scheme, CGHS Wellness Centre Building, Sector-12, R. K. Puram, New Delhi 110022.
Central Public Information Officer under RTI Senior CMO - (Hospital Empanelment Cell), Ministry of Health & Family Welfare, Room No.-524-A, A-Wing, Nirman Bhawan, New Delhi-110108.
Central Public Information Officer under RTI Section Officer & CAPIO, Ministry of Health & Family Welfare (PNDT Section), Nirman Bhawan, New Delhi-110001.