Central Information Commission Judgements

The Managing Director, … vs Quality Council Of India … on 14 August, 2008

Central Information Commission
The Managing Director, … vs Quality Council Of India … on 14 August, 2008
          CENTRAL INFORMATION COMMISSION
                                                                    Appeal No.2698/ICPB/2008
                                                                         F. No. PBC/2008/349
                                                                              August 14, 2008

             In the matter of Right to Information Act, 2005 - Section 18
                              [Hearing on 4.8.2008 at 11.00 a.m.]


Appellant:          The Managing Director, Mahakoshal Hospital Pvt. Ltd.

Public authority:   Quality Council of India
                    Ministry of Commerce & Industry
                    Mr. Yogesh Srivastava

Parties Present:    For Respondent:
                    Mr. Yogesh Srivastava, EO & PIO

                    For Appellant:
                    None.

FACTS

:

The appellant has sought information under RTI Act by his application
dated 31.7.2007 addressed to PIO, Quality Council of India, New Delhi
requesting for the following information:

(i) Copy of the signed report of inspection carried out for his hospital;

(ii) Letter for recommendation of the hospitals in Jalandhar to CGHS;

The PIO has given the interim reply on 6.8.2007, whereas he has provided
final reply vide letter dated 17.9.2007 by enclosing relevant documents. The
appellant has again requested information vide letter dated 29.11.2007 for which
PIO has provided reply again vide letter dated 3.1.2008. Dissatisfied with the
reply furnished by the PIO, the appellant filed this appeal before the Commission
on 4.3.2008. Comments were called for vide letter dated 31.5.2008, which was
received from APIO on 20.6.2008. The appellant has also filed his rejoinder on
25.06.2008.

DECISION:

2. This case came up for hearing on 4.8.2008, which was attended by the
APIO in person and the appellant did not attend the hearing. I have gone
through the RTI application and other replies received in this connection. The
appellant has requested the information pertaining to this private hospital which
is functioning in Jabalpur and he has applied for recognition of this hospital for
providing treatment to beneficiaries of CGHS. The CGHS has entrusted this

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work to Quality Council of India for carrying out inspection in respect of general
purpose as well as for diagnostic purpose for recognizing the said hospital. The
Quality Council of India has carried out inspection and has not given
recommendation for making this hospital as a referral hospital for CGHS. This
has resulted in filing of RTI application before the Quality Council of India. The
Quality Council of India has provided a copy of the inspection report as well as all
the particulars pertaining to his hospital, viz., Mahakoshal Hospital Pvt. Ltd. to the
appellant.

3. The appellant has requested for copies of inspection report in respect of
other private hospitals located in Jabalpur for whom the recommendation has
bene given by Quality Council of India. This is pertaining to third party
information and he is not entitled for this information. The appellant is entitled for
information in respect of his hospital which has already been given to him.
However, while giving this information to the appellant the CPIO has not provided
the particulars of first AA. Hence, I direct him to provide the particulars of first AA
in case if the person is not satisfied with the reply provided by the APIO, he can
file appeal before the AA. This should be followed in future. As far as this case
is concerned since the required information has already been given to him, I do
not find there is any purpose in advising him to file appeal before the first AA and
therefore I reject the appeal. In these lines, the appeal is disposed of.

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. Mr.Yogesh Srivastava, Executive Director & Asstt. PIO, Quality Council of
India, M/o Commerce & Industry, 2nd Floor, Institution of Engineers Building,
Bahadur Shah Zafar Marg, New Delhi – 110 002.

2. Dr. A.K. Srivastava, Managing Director, Mahakoshal Hospital Pvt. Ltd., Opp.
Wright Town Stadium, Gate No.3, Jabalpur – 482 002.

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