Central Information Commission Judgements

Mr. N.K. Gupta vs Dr. R. M. L. Hospital on 22 January, 2010

Central Information Commission
Mr. N.K. Gupta vs Dr. R. M. L. Hospital on 22 January, 2010
             Central Information Commission
                                                                  CIC/AD/A/2010/000038
                                                                  Dated 22nd January, 2010

Name of the Applicant                       :   MR. N.K. GUPTA


Name of the Public Authority                :   DR. R. M. L. HOSPITAL

Background

1. The Applicant filed his RTI request on 15.07.09 with the Superintendent, Dr. R.M.L.

Hospital, Talkotra Road, New Delhi seeking information related to CGHS
specialists/doctors against 6 points. The PIO replied on 13.08.09 enclosing the
relevant information against points 1 & 2 and in respect of point 3, 4 & 5 the CPIO
informed the Applicant that mostly once in a week the specialists are available in
identified dispensaries and that information in respect of non visit of specialists to
identified dispensaries may be obtained from Director, CGHS, New Delhi. A copy of the
reply along with the Applicant’s letter was transferred to Director of CGHS, Bikaner
House, New Delhi. In respect of point 6 he informed that health care facilities of
dispensaries are met despite the requirements for other purposes. The Applicant then
wrote to the Nodal Officer (RTI), CGHS (HQ), on 23.08.09 informing him that
information against 3, 4 & 5 which have been referred by the CPIO to Nodal Officer
(RTI), CGHS (HQ) have not been received by him. On 23.08.09 the Applicant also
wrote to the Additional Medical Superintendent, Dr. R.M.L. Hospital commenting on
each of the points and seeking information once again. On not receiving any reply, the
Applicant filed his First Appeal on 08.10.09 stating that so far he has not received any
information from the CGHS, Ministry of Health & Family welfare. Being aggrieved at
still on not receiving any information, the Applicant filed his Second Appeal on
16.11.09 before the Commission stating that no information has been received against
points 3, 4 & 5 which were referred to by the Dr.R.M.L. Hospital and against question
No. 1 while information on discipline wise number of CGHS specialists has been
supplied, respective strength has not been provided to him. He also stated that
information against point 6 is evasive.

2. The Bench of Mrs. Annapurna Dixit, Information Commissioner scheduled the
hearing for 22nd January, 2010.

3. Mr. P.C. Pratihari Controller of Examinations-cum-CPIO represented the Public
Authority.

4. The Appellant was present during the hearing.
Decision

5. The Commission reviewed the information provided point wise. While the Respondent
submitted that against point 1, information has been provided to the Appellant, the
Appellant on the other hand, wanted to know exact sanctioned strength of CGHS
specialists in Dr. R.M.L. Hospital. The Respondent replied that based on the number
of Doctors sanctioned for the Hospital, the number of doctors to be deputed for
CGHS is decided and hence there is no fixed sanctioned strength of specialist CGHS
Doctors as the number varies from time to time. The Applicant was satisfied with the
reply. With respect to point 2 it was noted that information has been provided. With
regard to points 3, 4 & 5 the Respondent submitted that while there is a duty roster of
medical specialists who visit CGHS dispensaries at the Hospital it does not give the
correct picture of as at times doctors may be called away from their duty due to
various reasons including casual leave, illness, or are called on some other duty
though special orders etc. Also the record of the reasons for the specialists not
attending CGHS dispensaries is not maintained for long at Dr. R.M.L. Hospital since
they are largely irrelevant. Hence information regarding the attendance of medical
specialists who did not visit Paschim Vihar, CGHS dispensary can not be provided. He
however added that there are attendance rosters maintained in every dispensary and
that the Chief Medical Officer is expected to provide a feed back on the attendance of
doctors in the dispensaries to the CGHS HQ and hence this information which is
coded in CGHS HQ will be available with CGHS. The Commission accordingly directs
the PIO to transfer the RTI Application once again to PIO, CGHS, HQ with a request
that information regarding non attendance of Doctorsat the said dispensary along with
reasons be provided directly to the Appellant by 25th February, 2010 and also
directs Dr. B. Badarinarayana, Nodal Officer, RTI, CGHS (HQ), New Delhi to
showcause to why information was not provided even after the RTI application was
transferred to him. The response to reach the Commission by 25th February, 2010.

(Annapurna Dixit)
Information Commissioner
Authenticated true copy:

(G. Subramanian)
Deputy Registrar
Cc:

1. Mr. N.K. Gupta, President
Delhi Pensioners Welfare Association
A-2B/69
Paschim Vihar
New Delhi 110 063.

2. The PIO
Dr. Ram Manohar Lohia Hospital
O/o the Controller of Examination
Dr. R.M.L. Hospital
New Delhi.

3. The Appellate Authority
Dr. Ram Manohar Lohia Hospital
O/o the Controller of Examination
Dr. R.M.L. Hospital
New Delhi.

4. Dr. B. Badarinarayana,
Nodal Officer, RTI
CGHS (HQ),
9 Bikaner House Hutments
Shahjahan Road
New Delhi.

5. Officer in charge, NIC

6. Press E Group, CIC