Central Information Commission Judgements

Mr. Satya Dev Garg vs Central Government Health Scheme on 19 August, 2008

Central Information Commission
Mr. Satya Dev Garg vs Central Government Health Scheme on 19 August, 2008
          CENTRAL INFORMATION COMMISSION
                                                                    Appeal No.2715/ICPB/2008
                                                                        F. No. PBA/2008/0416
                                                                              August 19, 2008

             In the matter of Right to Information Act, 2005 - Section 19
                              [Hearing on 6.8.2008 at 11.30 a.m.]


Appellant:          Mr. Satya Dev Garg, Mumbai

Public authority:   Central Government Health Scheme
                    The Deputy Director (PRO) & CPIO

Parties Present:    For Respondent:
                    Dr. S.S. Savale, CMO(NFSG)

                    For Appellant:
                    None.

FACTS

:

The appellant has sought information under RTI Act by his application
dated 21.9.2007 addressed to the CPIO, Office of Additional Director, CGHS,
Mumbai seeking information pertaining to issuance of CGHS Card under CGHS
Scheme. The appellant has requested information against 7 queries as listed in
his application. The main thrust of the application is the appellant has retired
from Overseas Communication Services in the year 1990 and he was availing
the CGHS facility at the time of his retirement in OCS before joining the VSNL
and therefore he has sought for clarification from the CPIO under what
circumstances he has been denied the facilities of CGHS card on voluntarily
retiring from VSNL. The CPIO furnished his reply vide letter dated 17.10.2007 by
which he had informed him how he cannot be issued with CGHS Card for
availing CGHS facilities. He has also enclosed copy of rules. Not satisfied with
the reply the appellant preferred first appeal before the AA on 26.10.2007. The
AA has also disposed of this appeal on 20.11.2007 by which he has indicated
how he is not entitled for CGHS facilities. Again aggrieved with the said decision
the appellant filed his appeal before the Commission on 20.2.2008. Comments
were called for vide letter dated 2.6.2008 which was received from AA on
4.6.2008.

DECISION:

2. This case came up for hearing on 6.8.2008, which was attended by the
CMO-cum-CPIO, Mumbai. The appellant did not attend the hearing. I have gone
through the RTI application and other replies received in this connection. The

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appellant indicated in his application that he is entitled for CGHS benefit since he
has retired from Overseas Communication Services in the year 1990. However,
CGHS has gone on record to show that in the year 1990 the appellant has taken
voluntary retirement from OCS and he got absorbed in VSNL and he has taken
voluntary retirement in the year 2003 from VSNL and in the circumstances since
he has been absorbed in PSU he is not entitled for CGHS benefits. The CPIO
has also enclosed all copies of the rules, which he has obtained from
Headquarters to the appellant in this regard. I am satisfied with the reply
provided by the CPIO and therefore, I reject the appeal.

Let a copy of this decision be sent to the appellant and CPIO.

Sd/-

(Padma Balasubramanian)
Central Information Commissioner
Authenticated true copy :

(Prem Singh Sagar)
Under Secretary & Assistant Registrar

Address of parties :

1. The Deputy Director (PRO) & CPIO, Central Government Health Scheme, Old
CGO Building, Pratishtha Bhawan, Ground Floor, South Wing, 101,
M.K.Road, New Marine Lines, Mumbai – 400 020.

2. The First AA (Under RTI Act), Central Government Health Scheme, Old CGO
Building, Pratishtha Bhawan, Ground Floor, South Wing, 101, M.K.Road, New
Marine Lines, Mumbai – 400 020.

3. Mr. Satya Dev Garg, Flat No. 702, H-I, Moraj Residency, Plot No-1, Sector –
16, Palm Beach Road, Sanpada (E), Navi Mumbai – 400705.

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