Central Information Commission Judgements

Mr. Kamal Kant Sharma vs Dghs on 28 October, 2009

Central Information Commission
Mr. Kamal Kant Sharma vs Dghs on 28 October, 2009
             Central Information Commission
                                                              CIC/AD/A/2009/001335
                                                              Dated 28th October, 2009

Name of the Applicant                   :   MR. KAMAL KANT SHARMA


Name of the Public Authority            :   DGHS


Background

1. The Applicant filed his RTI request on 06.11.08 with the CPIO, DGHS, New Delhi
requesting for (i) copy of tender application of Sony Hospital J.L.N. Marg Jaipur
and (ii) the copy of inspection report & recommendations furnished by the
Quality Council of India of Sony Hospital J.L.N Jaipur as he had not received the
enclosure supplied vide letter dated 31-10-08 with reference to his application
dated 17-9-08. The PIO replied on 14.11.08 enclosing a copy of the inspection
report of Sony Hospital. He also added that the total report is available with
Quality Control of India. He further enclosed a copy of the desired application of
Sony Hospital. Not satisfied with the reply, the Applicant filed a First Appeal on
03.12.08 stating that all the tenders furnished by the CPIO relate to post
October 2006 period and requested for complete information. He also stated in
his Appeal that a copy of the inspection report and recommendation furnished
by Quality Control of India have not yet been supplied to him. The Appellate
Authority replied on 21.01.09 informing him that Sony Hospital had submitted
tender document for empanelment under CGHS in the year 2004 and after
receipt of inspection report was empanelled vide letter dated 06.11.07. He
therefore declared that there is no relevance in the Applicant’s submission that
documents supplied by the CPIO are not applicable for October 2006. Being
aggrieved with the reply, the Applicant filed a Second Appeal before the CIC on
26.02.09 reiterating his request for the information.

3. The Bench of Mrs. Annapurna Dixit, Information Commissioner scheduled the
hearing for 28th October, 2009.

4. Mr. A.K. Sethi, Dir, Admn and Mr. Naresh Kumar, Section Officer represented
the Public authority.

5. The Applicant was heard through audio conferencing during the hearing.
Decision

6. The Respondent stated that the desired document was submitted by Sony
Hospital Jaipur in 2004 and that it was under the scrutiny of the Committee set
up for that purpose upto 2006 and that it was only in 2007 that the notification
was done and the Hospital empanelled. According to the Respondent the
information that has been provided is relevant to the post October 2006 period,
as sought by the Appellant. With regard to the information related to S.K. Sony
Hospital, Jaipur, the Respondent submitted that certified copies of required
documents were supplied on 14.11.08 by Dy. Director, Admn. cum CPIO to the
Appellant. The copy of the inspection report was also furnished after taking the
consent of Sony Hospital, Jaipur on 02.12.08 to the Appellant. However, in view
of the Appellant’s complaint that he has not received the inspection report, the
Commission directs the CPIO to provide another copy of the report to the
Appellant by 15 November, 2009. The remaining information has already been
furnished to the Appellant.

7. The appeal is accordingly disposed off.

(Annapurna Dixit)
Information Commissioner
Authenticated true copy:

(G. Subramanian)
Assistant Registrar

Cc:

1. Mr. Kamal Kant Sharma
III-147, A.G. Colony,
Bajaj Nagar, Jaipur.

2. The PIO
Directorate General of Health Services
O/o the Dy. Director Admn, CGHS-Desk-II
Nirman Bhawan
New Delhi.

3. The Appellate Authority
Directorate General of Health Services
O/o the Dy. Director Admn, CGHS-Desk-II
Nirman Bhawan
New Delhi.

4. Officer in charge, NIC

5. Press E Group, CIC