In the Central Information Commission
at
New Delhi
File No: CIC/AD/C/2010/000353
Date of Hearing : July 1, 2011
Date of Decision : July 1, 2011
Parties:
Applicant
Shri Anil Kumar Sinha
H.No.D846, Peshwa Road
Gole Market
New Delhi 110 001
The Applicant was present during the hearing
Respondents
Ministry of Health & Family Welfare
'A' Wing
Nirman Bhawan
New Delhi
Represented by : Shri Jai Prakash, CPIO & Under Secretary
Dr.Mohan Lal, Nodal Officer, CGHS
Dr.Sanjay Jain, CPIO & JD(R&H)
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/C/2010/000353
ORDER
Background
1. The Applicant filed an RTI Application dt.12.11.09 with the CPIO, Ministry of Health and Family
welfare. He stated that in response to Ministry of Health & Family Welfare OM No.S.1405/06
07(R&H)/CGHS(P) dt.5.9.08 asking PMO to settle excess payment issue and to reimburse the
balance amount to the Applicant without any further clarification, the PMO had, vide OM dated
11.11.08 requested the Ministry of Health & Family Welfare that Rs.70000/ be recovered from
Escorts Hospital so as to enable PMO to make reimbursement to the Applicant. The Applicant added
that despite three reminders from PMO, the Ministry has not responded. In this context, he sought
the following information: (i) details of action taken by the Ministry on PMO’s OM dt.11.11.08
including the reasons for delay and information on action taken against the officials responsible (ii)
certified copies of correspondence exchanged between Ministry and Escorts Hospital, (iii) details of
action initiated by Ministry for depanelling the Escorts Hospital, (iv) inspection of relevant records
wherein his request for refund through PMO was processed by the Ministry. The Applicant filed an
appeal dt.18.12.09 with the Appellate Authority stating that no information has been received except
an interim reply dt.19.11.09 from Shri K.V.S.Rao transferring the application to Dr.B.Badrinarayana,
Nodal Officer, CGHS. On still not receiving any reply, the Applicant filed a complaint dt.9.2.10 before
CIC reiterating his request for the information. The Commission vide its order dt.18.8.10 directed the
PIO, Ministry of Health to provide information by 30.10.10 and also to show cause as to why penalty
should not be imposed upon him for not supplying the information by 30.10.10. The Commission
received a letter dt.25.11.10 from the Applicant complaining that the CIC’s decision dt.18.8.10 has not
been complied with by the Public Authority. The Commission, therefore, decided to hold a hearing
on 1.7.11 @ 11.00 am and accordingly hearing notices were issued to the concerned parties.
Decision
2. During the hearing, the Complainant submitted that apart from an interim reply dt.19.11.09, he had
received a letter dt.16.12.10 from the Ministry stating that the file No.S.1405/0607/R&HCGHS
dealing with his case is not traceable and hence no action can be taken. The Respondents submitted
that the RTI Application was transferred by Dr.B.Badrinarayana, the then Nodal Officer, CGHS to Shri
K.V.S.Rao, CPIO, Ministry of Health & Family Welfare for providing information against points 1 and 2
and to JD(R&H), CGHS against the remaining points. The present CPIO, MoH&FW submitted during
the hearing that the file is still not traceable despite extensive search. He also added that the PMO
was requested vide letter dt.16.12.10 to send to the Ministry all the Medical Reimbursement Claim
Papers followed by a reminder dated 6.6.11 and that no reply has been received from the PMO till
date.
3. The Commission after hearing the submissions of both sides directs as follows:
(i) the PIO to search for the file once again and if he same is found, to allow the Complainant
to inspect the records and to provide attested copies of documents sought, free of cost.
The exercise should be completed by 31 July, 2011.
(ii) In the event the file remains missing, the PIO to file an FIR with the police and a copy of the
FIR to be provided to the Complainant/Commission.
(iii) The undersigned with the powers vested in her under Section 18(2) of the RTI Act, directs
the concerned Appellate Authority, CGHS HQ to conduct an enquiry into the matter of the
missing file in order to fix the responsibility on the person found guilty of having
misplaced/lost the file and recommends that appropriate disciplinary action be taken against
him/her. A copy of enquiry report may be provided to the Complainant/Commission along
with information on the action taken based on the outcome of the enquiry.
The exercise against points 3(ii) and 3(iii) to be completed by 10.8.11
4. The Commission also noted that Shri K.V.S.Rao, CPIO had neither provided information against
points 1 and 2 in response to the CIC’s Order dt.18.8.10 nor has he replied after the RTI Application
was transferred back to him by Dr.B.Badrinarayana, Nodal Officer, CGHS on 16.12.10. He has also
not bothered to respond o the show cause notice issued to him vide Commission’s notice dated
18.8.10
5. In view of this observation, a penalty of Rs.25000/ is therefore being levied on , Shri K.V.S.Rao,
CPIO, Ministry of Health & Family Welfare u/s 20(1) of the RTI Act. The Appellate Authority is
directed to recover the amount of Rs.25,000/ from the salary payable to Shri K.V.S.Rao, CPIO by
way of Demand Draft drawn in favour of ‘PAO CAT’ in 5 equal monthly installments. The first
installment should reach the Commission by 10th August 2011 and the last by 10th December 2011.
The Demand Draft should be sent to Shri G.Subramanian, Under Secretary & Deputy Registrar,
Central Information Commission, Club Building, Old JNU Campus, New Delhi 110 067.
9. The Appellant may wish to seek information about action taken on the Ministry’s letter through
a fresh RTI application addressed the PIO of the PMO
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri Anil Kumar Sinha
H.No.D846, Peshwa Road
Gole Market
New Delhi 110 001
2. The Public Information Officer
Ministry of Health & Family Welfare
‘A’ Wing
Nirman Bhawan
New Delhi
3. The Appellate Authority
Ministry of Health & Family Welfare
Nirman Bhawan
New Delhi
4. The Public Information Officer
Central Government Health Scheme
9, Bikaner House
Shahjahan Road
New Delhi
5. The Appellate Authority
Central Government Health Scheme
9, Bikaner House
Shahjahan Road
New Delhi
6. Officer in charge, NIC