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Central Information Commission

Kishori Lal vs Maulana Azad Institute Of Dental ... on 26 February, 2020

                                के न्द्रीयसूचनाआयोग
                      Central Information Commission
                             बाबागंगनाथमागग,मुननरका
                      Baba Gangnath Marg, Munirka
                        नईददल्ली, New Delhi - 110067

 नितीय अपील संख्या / Second Appeal No. CIC/MAIDS/A/2018/142870

Shri Kishori Lal                                            ... अपीलकताग/Appellant
                                   VERSUS
                                     बनाम

PIO/Maulana Azad Institute of
Dental Sciences (Govt. of NCT of Delhi)               ...प्रनतवादीगण /Respondents
Through: Dr. Aadithya P Kumar - PIO, Mr.
Subhash Agrawal and Mr. Sunil Gupta


Date of Hearing                      :   24.02.2020
Date of Decision                     :   26.02.2020
Information Commissioner             :   Shri Y. K. Sinha

    Case No. RTI Filed on      CPIO reply     First appeal        FAO
    142870    23.02.2018       22.03.2018    08.05.2018        05.06.2018

                        CIC/MAIDS/A/2018/142870
 The Appellant filed RTI application dated 23.02.2018 seeking information on
 five points regarding complaint dated 12.12.2017:-
     1. Whether the complaint has been entertained by PIO or not?
     2. If any steps have been taken or not?
     3. A copy of norms of MAIDS, as mentioned in the complaint may be
        supplied.
     4. Other information as sought in the complaint may be provided.
     5. Latest status of complaint.

 PIO (Maulana Azad Institute of Dental Sciences) vide letter dated 22.03.2018
 provided point wise information to the Appellant.

 Dissatisfied with the reply received from the PIO, Appellant filed First Appeal
 dated 08.05.2018. FAA vide order dated 05.06.2018 disposed off the First
 Appeal while furnishing copy of dispatch register alongwith copy of speed post
 receipt and observing that the contents of the First Appeal are mainly
 observations and grievances, which cannot be addressed under provisions of
 RTI Act.




                                                                        Page 1 of 3
 Dissatisfied with the responses, Appellant approached the Commission with
the instant Second Appeal.

Facts emerging in Course of Hearing:

A written submission dated 30.12.2019 has been received from Dr. Sangeeta Talwar, Director - Principal MAIDS, reiterating facts of the case and also stating that the appellant had been misusing the provisions of the RTI Act by filing repeated RTI applications.

Both parties are present for hearing. Appellant is aggrieved owing to the alleged negligence in medical treatment/lack of medical attention given to him at the Respondent hospital and seeks to challenge the amounts demanded from him as deposit for the medical procedures. Hence the Appellant aggrieved by the alleged unfair and discriminatory treatment faced by him, filed a complaint before the hospital, but remained aggrieved due to inaction of the respondent in this regard. Appellant has pointed out that a reply dated 02.04.2018 received from the Section Officer, Administration is contradictory to the earlier reply of the PIO dated 22.03.2018, though he was unable to substantiate the contradiction. Appellant further claims that no proper reason has been assigned by the Respondent for charging Rs. 360/- from the appellant, neither has the norms of MAIDS as sought by him provided by the Respondent.

Decision:

Perusal of records of the case and hearing the averments of the parties reveal that though adequate information has been provided to the Appellant, he continues to be dissatisfied since he alleges that his grievance has not been addressed, nor any action has been taken by the Respondent with respect to his complaint dated 12.12.2017. The alleged contradiction pointed out by the Appellant is not found convincing because of lack of any contradictory facts in both the letters dated 23.04.2018 and PIO's reply dated 22.03.2018. The respondent has submitted a revised user charge on specialised services in MAIDS, which provides the fees charged by MAIDS for various dental procedures. Appellant refused to take a copy of the same though it answers his query about "NORMS OF MAIDS" as sought by him.
As such, it is noted that information available on records has been duly supplied by the respondent, in response to the appellant's queries. The stance of the FAA is found justified since grievances cannot be redressed through the RTI Act. Hence, no further action is warranted in this case.
The appeal is disposed off accordingly.
Y. K. Sinha (वाई. के . नसन्द्हा) Information Commissioner(सूचना आयुक्त) Page 2 of 3 Authenticated true copy (अनिप्रमानणतसत्यानपतप्रनत) Ram Parkash Grover (राम प्रकाश ग्रोवर) Dy. Registrar (उप-पंजीयक)/ 011-26180514 Page 3 of 3