Moneylife: New Delhi: Friday,
April 19, 2013.
The CIC asked
health departments of GNCTD and MCD, which run and maintain a large number of
hospitals and clinics in Delhi, to suo moto publish all information as required
under Section 4 of the RTI Act. This is the 76th in a series of important
judgements given by former Central Information Commissioner Shailesh Gandhi
that can be used or quoted in an RTI application
The Central
Information Commission (CIC), while allowing a complaint, asked
the
Additional Commissioner (Health) at Municipal Corporation of Delhi (MCD) and
Principal Secretary (Health) at Government of National Capital Territory of
Delhi (GNCTD) to make available suo moto the details of Public Information
Officers (PIOs) and First Appellate Authorities (FAAs) at all offices and
hospitals under its control.
While giving
this judgement on 4 November 2010, Shailesh Gandhi, the then Central
Information Commissioner said, “These boards (showing detailed information
about Public Information Officers—PIOs and First Appellate
Authorities-FAAs)—shall be installed at all hospitals, maternity centres,
polyclinics, dispensaries and all other non-administrative and administrative
units and offices of the departments.”
New Delhi
resident Sushma Prasad, had filed a complaint to the Commission under the Right
to Information (RTI) Act. Here is what she said in her request to the CIC...
"Section
(4) of the RTI act, envisages suo moto disclosures by all public
authorities.
The
Department of Health Services, GNCTD and Department of Health, MCD, run and
maintains a large number of hospitals and clinics in the city. However, if one wishes to make a request for
information under the RTI act, it is practically impossible to find out the
details of the PIO, etc. It is welcomed that this information is available on
the website of the departments; however the Commission may take into
consideration the fact that a majority of patients coming to these hospitals
hail from economically weaker sections of the society and thus, it cannot be
assumed that all of them have access to the internet."
Mr Gandhi,
the then CIC, while allowing the complaint said the Commission considers this
as a bona fide request and observes that this information is a basic
requirement under the Act and that the concerned departments ought to have done
this earlier. However, that is not the case. There is a clear and unambiguous
provision for the same in the Act, in the form of explanation to Section 4 of
the RTI Act.
In his order,
Mr Gandhi, said, “A sign-board of appropriate dimension shall be installed,
mentioning the name(s), designation(s), contact details including the office
address/room number, availability hours and telephone numbers of the PIOs,
APIOs and FAA, as the case may be, who have been notified under the RTI Act,
2005 (in case of a change of PIO or Appellate Authority, the sign-board will be
updated within ten days of the said change.) Information regarding the
requisite fees to be paid under various provisions of the RTI Act 2005, modes
of payment and the office where such fee will be accepted. Information
regarding information handbook/manuals published under Section 4 (1) (b) of the
Act; their location and time when they can be accessed should be also mentioned
on the board. The exact link/URL to the page on the website of the department
where the information handbook can be viewed will also be mentioned. No
acronym/ abbreviation should be used. This information shall be inscribed both
in Hindi, English, and shall be installed at a location having maximum public
view. This will be maintained by the head of the public authority/head of
institution as the case may be, or the officer(s) so directed by them in
writing, so long as the RTI act is in force. This should be done by the 15
December 2010."
The CIC also
asked the Additional Commissioner (Health), MCD and The Principal Secretary
(Health), GNCTD to send a consolidated report of compliance of the above
directions to this Commission by 20 December 2010.
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