Central Information Commission
CIC/PB/A/08/776
Dated: January 31, 2009
Name of the Appellant : Mr. R.H. Bokil
Flat No. 9,
Ramdoot Coopertaive Housing
Society
498A, Narayan Peth
Pune - 411 030
Name of the Public Authority : Ministry of Health & Family Welfare
Background
1. The Appellant filed an RTI request dt.1.10.07 with the CPIO, CGHS, Pune
requesting for reply on various points raised in his letter dated 4.6.07 on
the subject ‘Experiences of CGHS patients referred to Government
recognized hospitals (Sasson General Hospital Pune) and need to find out
a way out along with Documentary proofs in support of the reply. He also
requested for reasons for delay in disposal of his letter dated 4.6.07 . In
the letter dated 4.6.07, the Appellant referred to another letter he had
written to the CGHS on 18.4.07 stating that the SGH , Pune , being a
Government Hospital is always over crowded and the seating
arrangements etc. for patients and their relatives accompanying them are
meager . he also stated that the Doctors are harsh to the patients and that
the patients have to go back to the hospital the next day after
examination to get the medicines. He suggested that in his letter that,
keeping in mind the increasing number of patients and the harsh
treatment of patients by the Doctors, there is a need to switch over to the
earlier system by authorizing more hospitals for CGHS patients for OPD
treatment. He suggested that the higher authorities should be moved and
persuaded to consider the suggestion favourably by apprising them of
the plight of the CGHS patients in SGH, Pune. He also referred to a news
item of 10.4.07 in a local Marathi daily which highlights the misbehaviour
of some of the disobedient employees of the SGH, Pune at the cost of
patients. The Appellant then sent a reminder through his letter dated
4.6.07. He requested the Jt. Director, CGHS , Pune in this behalf and
persuade them to authorize more hospitals for the CGHS patients for their
OPD treatment. to find a way out to safeguard CGHS patients referred to
SGH, Pune and if need be, move the higher authorities The PIO replied on
22.10.07 stating that as per the guidelines issued by the Government of
India the beneficiary will have the option of availing specialized treatment
/diagnostic tests at CGHS recognized hospital/diagnostic centres of his
choice after the Specialist of CGHS/Government Hospital/CMO I/c of CGHS
Dispensary recommends the procedure /test. The CPIO added that this
being the rule position, the beneficiaries are referred to Government
hospital for the opinion /advice of the Government Hospital in case a
particular Specialist is not available in CGHS . Not satisfied with the
reply, the Appellant filed his first appeal dated 13.11.07 stating that the
CPIO had failed to give the complete information regarding his request to
move the higher authorities in relation to the facts mentioned in his letters
dated 18.4.07 and 4.6.07. He reiterated his request for information on
the stats of his application dated 18.4.07 and his subsequent reminder
dated 4.6.07. The First Appellate Authority, in his Order dated 7.12.07
stated that information regarding reimbursement of medical claims for self
& family members has been furnished vide CPIO’s letter dated 22.10.07
and that the original letter dated 14.9.07 has been found as replied to on
19..07. He added that as far as CGHS is concerned, complete information
has been provided. The Appellate Authority also refuted the Appellant’s
contention that there were alleged malpractices in the CGHS dispensary
at Mukud Nagar and giving reasons for his stand. He also clarified that
as far as Sassoon General Hospital is concerned, this Hospital is a State
Government Hospital under the Maharashtra State Government and CGHS
has no role in its policies or administration. He, accordingly, upheld the
decision of the CPIO. The Appellant then preferred a second appeal before
the CIC on 2.4.08 requesting for information on the measures taken by
the Jt. Director, CGHS, Pune to sort out the problems of CGHS patients
and Central Government pensioners referred to the Sassoon General
Hospital for consultation. He also requested for information on measures
taken to sort out the problems between Central Government and State
Government organizations and the outcome thereof besides the names
and addresses of the other hospitals authorized for Central Government
employees and Central Government pensioners for consultation at Pune, in
view of the Appellant’s and other patients’ plight at the Sasoon General
Hospital , Pune. The CIC invited comments from the Respondents on the
second appeal vide their notice dated 21.7.08. The Respondents submitted
a rejoinder dated 1.8.08 in which they stated that the basis of the
Appellant’s complaint is that he was issued the wrong medicine resulting in
epileptic attacks in his son . The Respondent added that hospital records,
however, show that the Appellant was issued the right medicine as per his
acknowledgement signed in the local purchase records. While explaining
that there was no error on the part of the hospital and holding the
Appellant responsible for not contacting the Hospital when the medicines
were allegedly found to be the wrong medicines instead of taking them
home nd allowing his son to consume them. The Respondent further
added in the First Appellate Authority’s rejoinder that no action has been
taken against any Medical Officer or Pharmacist as no wrong medicine was
supplied in the CGHS. The list of hospitals recognized under CGHS,
according to him, is available in a Central Government Offices in Pune and
the beneficiaries are supposed to know the details before hand.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled
the hearing for 6.11.08.
3. The Appellant and the Respondent were not present at the hearing and the
case was closed. However, in response to the letter dated 23.12.08 from
the Appellant stating that he has already submitted his rejoinder dated
17.11.08 and that the decision of closing the case is not acceptable to
him and that he wants the same to be reopened and a decision to be
taken based on the information already provided by him, the Commission
decided to hold a second hearing on 6.2.09 .
4. Dr. S.B. Nadonil, Sr. Chief Medical Officer (SAG) & Appellate Authority,
CGHS, Pune attended the second hearing on 6.2.09.
Decision
5. The Commission noted that in his letter dated 18.4. 07, the Appellant
commented that ‘in the light of the increasing number of patients
going to SGH, Pune for treatment, as also due to the other reasons
given in the letter, it is the need of the hour to switch over to the
earlier system, by authorizing more hospitals for the CGHS
patients for OPD treatment’,. He also suggested that the ‘higher
authorities should be moved and persuaded favourably, apprising
them of the plight of the CGHS patients at the SGH, Pune’.
6. In his letter dated 4.6.07, the Appellant appealed to the Jt. Director to
find a way out to safeguard CGHS referred to SGH, Pune and if
need be move the higher authorities in this behalf and persuade
the necessity to authorize more hospitals for the CGHS patients for
OPD treatment.
7. The Commission also noted that the Appellant is seeking an action taken
report on his complaints in his 2 letters ( in particular he wants to know
whether his letters have been forwarded to the higher authorities or not)
and instead of answering to the point and dwelling on what action has
been taken, the Respondent has referred to a number of issues not
relevant to the information being sought by the Appellant.
8. The Commission, accordingly, directs the Respondent to inform the
Appellant whether any action has been taken or not on his 2 letters and if
yes, to provide him with all the relevant documents in this regard, within
15 days of receipt of this Order.
The appeal is disposed off.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(K.G.Nair)
Designated Officer
Cc:
Mr. R.H. Bokil
498 A, Narayan Peth
Ramdoot Co-Operative Housing Society Ltd.
Flat No. 9
Pune – 411030
Maharashtra
Administrative Officer & CPIO – RTI
Ministry of Health & Family Welfare
Central Government Health Scheme
Swasthya Sadan, 2nd Floor
Mukund Nagar, Pune – 411037
Maharshtra
First Appellate Auhority – RTIOfficer in charge, NIC
Ministry of Health & Family Welfare
Central Government Health Scheme
Swasthya Sadan, 2nd Floor
Mukund Nagar, Pune – 411037
Maharshtra
Officer in-charge, NIC
Press E Group, CIC