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The appellant submitted that the reply submitted by the CPIO is false and
misleading and has put the applicant in a bad light. In fact, the bill was
arbitrarily cleared by the concerned officer without following any CGHS order
and office order. Had the CPIO disclosed the relevant office order for the
reimbursement of the medical bill under CGHS mentioning the CGHS order and
CSMA rule, his queries would have been answered by the CPIO. The CPIO
deliberately avoided to cite any CGPDTM order as it would expose the lacunae
in his reply. In the official reply of the CPIO, Central govt offices are governed
by the CGHS guidelines and CSMA Rules, yet the information regarding the
rules sought by the applicant is never disclosed in any of the replies. Office
order regarding the delegation of CGHS duties to Mr. Amit Roy was not
disclosed. The office order clearly explaining the procedure of the
reimbursement of medical bills in the light of the CGHS order and CSMA rules
are not disclosed. Mr. Amit Roy was just forwarding authority yet he took the
decision by over-stepping his jurisdiction. It must be noted that the Office
never provided him the list of claims submitted by the officials after the
submission of his claim. This was due to the administrative work in a
clandestine way by never following the practice of the first cum first serve
principle. Although, the Patent Office, Kolkata is using the e-office for all the
office work but still the password, regarding the same to follow up the file, is
not provided to the officers. CPIO had not provided any CGHS order or CSMA
rule in the absence of which the reply is arbitrary and vague. The CPIO should
have provided the CGPTDM order for the reimbursement of the CGHS bill and
also the office order of the Patent Office of the Kolkata delegating the powers
of the First Appellate authority to the Assistant Administrative officer, who is
group B officer. He summed up requesting the Commission to direct the CPIO
to provide a copy of the CGPTDM office order regarding the reimbursement of
the CGHS bill in the light of CGHS orders and CSMA rules and the Patent office
Kolkata order regarding the delegation of the power of the First Appellate
authority to the Assistant Administrative officer, who is a group B officer.
The app submitted that the process is arbitrary. E-office is of no use as
password is not given.
The CPIO reiterated the contents of the reply dated 11.03.2019. He also
submitted that the appellant is unnecessarily exhausting the resources of the
public authority by raising issues whereas his reimbursement claim was settled
as per rule. However, on a query he agreed to provide a revised reply taking
into consideration the appellant's contentions above.
Observations:
The Commission observed that the CPIO should be able to provide the CGHS
rules and CSMA rules and any other rules of the organization on the basis of
which the medical claims are reimbursed in their office. Further the
designation of the FAA should be informed to the appellant.