Central Information Commission
Vishwas Sharma vs Ministry Of Health & Family Welfare on 17 September, 2024
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/MH&FW/A/2023/637309.
Shri VISHWAS SHARMA. ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
Ministry of Health & Family Welfare.
Date of Hearing : 13.09.2024
Date of Decision : 13.09.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 15.02.2023
PIO replied on : 21.03.2023
First Appeal filed on : 21.04.2023
First Appellate Order on : 29.05.2023
2ndAppeal/complaint received on : 02.08.2023
Information soughtand background of the case:
The Appellant filed an RTI application dated 15.02.2023 seeking information on following points:-
"1. Any individual having M.Sc. with Ph.D. qualifications and having experience of at least three years post Ph.D. in a Laboratory of same or higher level in a Government or Recognised medical college or hospital or institution is entitled to conduct, generate, and sign test reports of the tests (details given below) listed in basic composite laboratory as per Clinical Establishments (Central Government) Amendment Rules, 2018 and Clinical Establishments (Central Government) Amendment Rules, 2020."
The CPIO, US vide letter dated 21.02.2023 replied as under:-
"With reference to your online RTI applications dated 15.02.2023 bearing registration no. MOHFW/R/E/23/00496. The requisite information desired by you is not available with this CPIO and the same may be treated as Nil. However, your RTI is being transferred under Section 6(3) of RTI Act, 2005 for providing information directly to you, if any."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 21.04.2023. The FAA, Addl. DDG, DGHS vide order dated 29.05.2023 stated as under:-
"As per the Clinical Establishments (Amendment) Rules 2020, under schedule III Human resource in medium and advance laboratories "any individual having Page 1 M.Sc. with Ph.D. qualification in the field of Pathology or Medical Microbiology or Medical Biochemistry or Medical Genetics or Biotechnology or Immunology or Molecular Biology of Applied Biology from a recognized university or institution and experience having exp of at least three years post Ph.D. in a Laboratory of same or higher level in a Government or Recognized medical college or hospital or institution or organization shall be entitled to conduct the tests, generate and sign test reports in respect of tests if their respective specialty, without recording any opinion or interpretation of lab results. They are entitled to sign in the test reports of their respective specialty as already mentioned in the aforesaid notification.."
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Appellant: Present Respondent: Shri Ram Naresh,US &CPIO The CPIO submitted that vide letter dated 21.3.23 the appellant was informed that the query raised by the appellant is not clear. However, in the light of spirit of RTI Act,2005 the appellant was informed that the Minimum Standards for Human Resource in respect of Medical Diagnostic Lab as defined in gazette notification dated 14.2.2020 namely The Clinical (Central Establishments Government) Amendment Rule, 2020, describe the minimum qualification of technical head of laboratory/Specialist/ Authorized Signatory. The notification may be seen at website http://clinicalestablishments.go v.in/Write Read Data/5511.pdf.
Further, it was also informed to the appellant that interpretation is not covered under RTI Act, 2005.
Decision:
Keeping in the view of the case and the submissions made by the CPIO , the commission is of the view that an appropriate response as per the RTI Act, 2005 has been provided by the CPIO no further intervention of the commission is required in the instant matter. Hence, with the above observation, the second 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 2 Page 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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