Central Information Commission
CIC/AD/A/X/09/00100
Dated February 5, 2009
Name of the Appellant : Mr.Mohanjit Singh
Name of the Public Authority : DGHS
Background
1. The Appellant filed an RTI request dt.4.8.08 with the PIO, DGHS. The
Appellant requested for the following information with regard to letter
No.12019/84/90-Oph (part-II) dt.17.12.03 in which the first paragraph is as
follows:
‘The charter of duties for the Ophthalmic Assistants, which was in
vogue a few years back but later on changed by National programme
for control of Blindness (NPCB). The old charter of duties mentions
about the treatment of Eye ailments by the Ophthalmic Assistants but
after a lot of deliberations on the subject, this responsibility was
taken off from the charter of duties because of certain legalities
involved in it’
i) To provide copy of old charter of duties of Ophthalmic Assistant
mentioned in the letter
ii) To provide the proceedings of deliberations after which the
responsibility of the treatment of eye patient by Ophthalmic Assistants was
taken off
iii) To provide the letter by which any legal authority objected this duty
iv) To provide the letter of the competent authority whose permission was
taken to change the duties of Ophthalmic Assistants.
The CPIO replied on 2.9.08 enclosing a copy of relevant extract from the
‘National Programme for Prevention of Visual Impairment and Control of
Blindness India’ indicating original duty chart of Ophthalmic Assistants fixed in
1978 in respect of point i. With regard to points ii, iii & iv, the CPIO stated
that the requisite information/document is not readily available as it pertains
to even taken place more than 20 years back. The Appellant filed an appeal
dt.18.9.08 with the Appellate Authority. The Appellate Authority replied on
31.10.08 enclosing a copy of the letter dt.17.12.03 along with a copy of the
noting portion indicating approval of the competent authority for the same.
The Appellant filed a second appeal dt.17.11.08 before CIC. In his appeal,
the Appellant stated that he is already in possession of letter dt.17.12.03
which was forwarded by the Appellate Authority. The Noting portion
forwarded by the Appellate Authority do not show the permission to change
the duties of Ophthalmic Assistants. Moreover CPIO has stated that the
relative event has taken place 20 years back whereas the notings are of
Nov.2003.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the
hearing on February 5, 2009.
3. Dr. A.S. Rathore, ADG and CPIO represented the Public Authority.
4. The Appellant was present during the hearing.
Decision
5. The respondent submitted that the duties of Ophthalmic Assistants which
were given in the National Programme for Prevention of Visual
Impairment and Control of Blindness India in 1978 were modified
around 25 years ago to remove the treatment of eye ailments by the
Ophthalmic Assistants from their duties.. According to the respondent, he
placed the period of modification to around 25 years ago since there is some
mention of the small pox eradication programme in the document which he
furnished as evidence for the modification. However, he could not provide
information regarding the publication or the exact year when the modification
took place. The appellant, in turn, submitted that, in a letter dt. 17.12.03 to
the Punjab Ophthalmic Officers Association by the Dy. Asstt. Director General
Ophthalmic, it is mentioned that only a few years back, from the old
Charter of duties about the treatment of eye ailments by the Ophthalmic
Assistants, the responsibility of treatment by the Assistants was taken off.
They questioned how 25 years back modification could be done when the
letter mentions that it was done only a few years back. They also pointed
out that in the minutes of the meeting of the ADG (Ophthalmic) with the
representatives of the National Ophthalmic Association on 5.8.2008, the
following statement was made “vide National Programme for Control of
Blindness letter No.T.12019/84/90-Ophth. (Part II) dated 17.12.03,
their duties have been modified and it was conveyed that the
responsibility of Ophthalmic Assistant for providing treatment is
taken off from the charter of their duties because of certain legalities
involvement in it.” To further press on his point, the appellant brought to
the notice of the Commission a decision given by the Patna High Court dated
14.9.92 in which it was stated that the State Govt. has decided to sanction
the post of Ophthalmic Assistant in place of Optometrists in higher scale for
the betterment of the NPCB. The decision also stated that the
Ophthalmic Assistants are required to perform among other duties
treatment of the patients for eye ailments. They also shared with the
Commission the Haryana State Govt’s notification dt. 21.7.08 in which the
Administrative Officer, Office of DGHS, Haryana stated that the Ophthalmic
Assistants would be treating patients of eye ailments beside other
duties. Further, in the proceeding of a workshop sponsored by WHO in
1994, the participants from India, one Prof. Venkataswamy, reported that the
Ophthalmic Assistants in India are working quite independently and are doing
screening in villages and schools.
6. After hearing the arguments put forth by both the parties, the Commission is
of the opinion that there is confusion prevailing about the duties of
Ophthalmic Assistants in the minds of the Respondents and of the Appellant.
To sort out the confusion and to bring the facts into the limelight, as sought
by the appellant, the Commission directs the CPIO, DGHS to set up a small
inquiry committee of two members, with the appellant as one of the
members, to review all the related documents and meet with concerned
officials and to come to a conclusion based on documentary evidence and
interactions on whether or not the duties of the Ophthalmic Assistants include
treatment of eye ailments. The Inquiry report to be ready by 28.2.09 and a
compliance report to be sent to the Commission on the same day.
7. The appeal is disposed off.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(K.G.Nair)
Designated Officer
Cc:
1. Mr.Mohanjit Singh
218 Shiwala Colony
Amritsar 143 001
2. The CPIO
Directorate General of Health Services
Ministry of Health & Family Welfare
Nirman Bhawan
New Delhi
3. The Appellate Authority
Directorate General of Health Services
Ministry of Health & Family Welfare
Nirman Bhawan
New Delhi
4. Officer in charge, NIC
5. Press E Group, CIC