Central Information Commission Judgements

Smt. Kalpana Saxena vs M/O. Health & F.W. on 20 October, 2008

Central Information Commission
Smt. Kalpana Saxena vs M/O. Health & F.W. on 20 October, 2008
           Central Information Commission

                                                  CIC/PB/A/2008/00592/AD

                                                     Dated October 20, 2008

Name of the Appellant              :Smt. Kalpana Saxena,
                                   A-1/72, Vivek Khand-1,
                                   Gomti Nagar,
                                   Lucknow-226010 (U.P.)


Name of Public Authority           :Director (Admin) CGHS & CPIO
                                    M/o. Health & F.W., Directorate
                                    Gen. Of Health Services, CGHS-Desk-I
                                    Nirman Bhawan, New Delhi-110001
Background

1. The RTI request was filed on 18.08.07 requesting for reasons in
processing and sanction of expenses pertaining to the Combo device
by the Health Ministry, which resulted in the death of the Appellant’s
husband and reasons for not communicating about the decision of the
application put in by her husband when he was alive. The CPIO, in his
reply dated 26.09.07 stated that the device being an un-coded
expensive procedure under CGHS, the request was examined by a
panel of experts who, after examination of the case, requested for
further investigation and submission report. Only on the receipt of the
report, experts, in a subsequent meeting, recommended the use of the
Combo device. The CPIO further stated that the device was received
in May 2007 and the information about the device was not
communicated because the patient had expired. The first appeal was
filed against CPIO’s order on 19.10.07 stating that the Appellant had
specially asked about action taken after 06.10.06, the date on which
the approval for the Combo device was sent to ADDG (HQ) CGHS from
the Additional Director, CGHS, Lucknow and not about the sequence of
events which took place before 06.10.06. The Appellant Authority in
his reply dated ‘nil’ gave a date-wise account of processing of the case
for the period of 14.08.06 till the approval date of the Ministry. The
second appeal was preferred before the CIC on 26.03.08.

2. The Bench of Mrs. Annapurna Dixit, Information Commissioner,
scheduled the hearing for October 20, 2008.

3. The Appellant was present in person.

4. No one represented the Public Authority.

Decision

4. The Appellant submitted that her husband, who was senior govt.

official, expired in the Sanjay Gandhi PGI in Lucknow in May 2007 and
that the Ministry of Health and Family Welfare took more than 8
months to get the Combo device, too late to save the Appellant’s
husband. She wanted to know why, after the approval was given,
there was delay in getting the device.

5. The Commission directs the CPIO to provide within 15 days of receipt
of this Order, a detailed account of processing of the case by the
Ministry to obtain the Combo device, from the date on which approval
was sent to the Ministry by CGHS, till the date of expiry of the
Appellant’s husband.

7. The appeal is disposed off.

(Annapurna Dixit)
Information Commissioner
Authenticated true copy:

(K.G.Nair)
Designated Officer
Cc:

1. Smt. Kalpana Saxena, A-1/72, Vivek khand-I, Gomti Nagar, Lucknow-

226 010

2. The CPIO-RTI Directorate General of Health Services CGHS Desk-I,
Nirman Bhavan, New Delhi.

3. The Appellate Authority, RTI, Directorate General of Health Services
CGHS Desk-I, Nirman Bhavan, New Delhi.

4. Officer incharge, NIC

5. Press E Group, CIC