Central Information Commission Judgements

Mr.D.P. Rastogi vs Cghs on 10 November, 2009

Central Information Commission
Mr.D.P. Rastogi vs Cghs on 10 November, 2009
             Central Information Commission
                                                        CIC/AD/C/2009/000860
                                                      Dated 10th November, 2009

Name of the Applicant                  :   MR.D.P. RASTOGI


Name of the Public Authority           :   CGHS

Background

1. The Applicant filed his RTI application on 09.01.09 with the CPIO, Central
Government Health Scheme, Bikaner House, New Delhi requesting for
information against 16 points on various issues related to CGHS and also
giving suggestions for bringing about improvement in the functioning of the
CGHS Dispensaries. The Nodal Officer cum PIO replied on 16.01.09 providing
point wise information and denying disclosure of mobile nos. of officials and
informing the Applicant that the list of private Hospitals empanelled under
CGHS is available on the Ministry website. He also informed the Applicant
that point 9 is related to her grievance and to the refund of expenses incurred
by him for the treatment of his teeth and since it is a matter of grievance,
does not fall under purview of the RTI Act, 2005. Not satisfied with the reply,
the Applicant filed a complaint before the CIC stating that he has not
received complete information. The Commission received a rejoinder dated
18.08.09 from the Applicant stating that he is an old man of 67 years without
good health and that he was busy with the treatment of dental problem for
himself and his wife at Kailash Hospital, Noida and therefore, was not able to
file the Appeal to the Commission on time.

2. The Bench of Mrs. Annapurna Dixit, Information Commissioner scheduled the
hearing for 10th November, 2009.

3. Dr. Sunil Kumar Narula, CMO, CGHS (East Zone) represented the Public
Authority.

4. The Applicant was present during the hearing.
Decision

6. The Appellant submitted that he did not receive any information against
points 12, 13 & 14 of the RTI request. However, on review of the points in
the request it was agreed to by all that the Appellant has only expressed his
grievance with regard to the behaviour towards him of one Dentist Dr.Bimla
and that no information has been sought. The Respondent submitted that the
Appellant was invited for a meeting with the CGHS officials on 24.4.09 in
an effort to redress his grievance but the Appellant expressed his inability to
attend since he was going out of station. Subsequently, the Applicant was
requested to meet the Additional Director, CGHS (East Zone) to discuss his
problem but the Appellant did not turn up for the meeting. In this
connection, after hearing the Respondent, the Commission suggests that the
Appellant approach the CPIO and the Appellate Authority with his complaint
about the behaviour of Dr. Bimla while treating him and recommends that
both officers look into the matter and take appropriate action. The
Commission also directs the CPIO to provide the missing information against
the 16 points in his RTI request based on the comments provided by the
th
Appellant, by 10 December, 2009 and also to ensure that all CGHS
dispensaries display details of Doctors who can be contacted by CGHS card
holders , along with their contact details, if not already done. A compliance
report to be provided by the CPIO in this regard by end December 2009. A
compliance report to be provided also by the Appellant to the Commission
on receipt of information.

(Annapurna Dixit)
Information Commissioner
Authenticated true copy:

(G. Subramanian)
Assistant Registrar
Cc:

1. Mr. D.P. Rastogi,
Plot No.C-58/20
Flat C-404,
PMO Apartment,
Sector – 62,
Noida – 201 301.

2. The PIO
Central Government Health Scheme
9, Bikaner House Hutments
Shahjahan Road
New Delhi.

3. Officer in charge, NIC

4. Press E Group, CIC