291 Amlesh Kumar Shukla Vs ESIC ND 02 06 5 6/2/2009 4:23:17 Deepak 1
CENTRAL INFORMATION COMMISSION
Room No.308, B wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
Complaint No. CIC/LS/C/2009/000291
Complainant: Shri Amlesh Kumar Shukla
Public Authority: Employees State Insurance Corporation,
New Delhi
(through Shri Ravi Kumar, Deputy Director
& Shri T.P. Sharma, Assistant)
Date of Hearing: 02/06/2009
Date of Decision: 02/06/2009
FACTS
:-
The matter, in short, is that the Appellant is working as a contract labour with the
Gas Authority of India at Delhi. He developed multiple medical problems by way of
gall bladder stones and hernia etc. some time in March, 2007, endangering his life. He
showed himself first at Mahindra Hospital, Yusuf Sarai, New Delhi but got no relief and
was advised emergency surgery for removal of gal bladder stone and hernia etc. to save
his life. He then got surgery done at Pushpawati Singhania Hospital, New Delhi, in the
first week of March, 2007 as a life saving measure – and incurred an expenditure of about
Rs.43,102/- on surgery etc. regarding which he claimed reimbursement from ESIC. The
ESIC, however, reimbursed only Rs.4,506,/- and disallowed the rest of the claim. It is in
this context that the Appellant herein had sought information regarding the current status
of his pending bill with ESIC Dispensary, Tigri, New Delhi, and the matters related
therewith by his letter dated 13/08/2008.
2. The CPIO had responded to him vide letter dated 26/09/2008.
3. Dissatisfied with the response, he has filed the present complaint before this
Commission.
4. The matter was heard on 02/06/2009. The complainant is before the Commission.
The Public Authority is represented by the officers named above. It is the submission of
the complainant that he had to undergo emergency surgery under medical advice for
saving his life and, therefore, he could not follow prescribed procedures for
reimbursement. He claims to have incurred expenditure of Rs.43,102/- on the surgery.
He would also submit that he is working as an attendant on contract basis and his
monthly salary is about 4,000/- per month and if the expenses incurred by him on surgery
are not reimbursed, he would find it difficult to feed his family.
291 Amlesh Kumar Shukla Vs ESIC ND 02 06 5 6/2/2009 4:23:17 Deepak 2
5. On the other hand, it is the submission of Shri Ravi Kumar that the issue raised by
the complainant is in the nature of a grievance and it does not fall in the domain of RTI
Act.
DECISION
6. I see a lot of force in the submissions of the complainant. It is undisputable that
he had to undergo medical surgery to save his life on which he claims to have spent Rs.
43,102/-. An amount of Rs.4,506/- has been reimbursed and decision is said to be
awaited about the balance amount. In this view of the matter, the complainant is well
within his rights to know the status of his case and, therefore, his complaint squarely falls
in the ambit of RTI Act, 2005. I may also add that the technicalities of laws and
procedures should not be permitted to cloud our judgment when life itself is at stake.
Undisputably, the complainant is a poor man who had to beg, borrow and steel to get
himself operated upon to survive as a bread winner of the family. Given his status in
life, he cannot be expected to know the technicalities of rules and regulations governing
the reimbursement of medical claim.
7. In this view of the matter, Shri Ravi Kumar, Deputy Director is hereby directed to
examine the matter afresh with a compassionate and humanitarian approach, in the light
of facts and circumstances narrated hereinabove and take an appropriate decision in 06
weeks time, a copy whereof may be sent to the Commission.
8. The matter is disposed of accordingly.
Sd/-
(M.L. Sharma)
Central 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.
(K.L. Das)
Assistant Registrar
Tele: 011 2671 73 53
Fax: 011 2610 62 76