Complaint that Pay & Accounts office are not passing the bills for reimbursement of “domiciliary physiotherapy” - clarification regarding the facility as per O.M. dated 01.06.2011 sought - CIC: grievance beyond the purview of the RTI Act
The present appeal, filed by Shri Gian Chand Jain against Ministry of Health and Family Welfare, Central Government Health Scheme, New Delhi, was taken up for hearing on 10.01.2014 when the Respondents were present through Dr. Sharda Verma, AD (HQ), CGHS and Dr. S.V. Ramakrishna, Sr. CMO, CGHS. The Appellant was present in person.
2. The Appellant through an RTI application dated 18.02.2013 sought certain clarification from the CPIO, CGHS, New Delhi regarding the facility of “domiciliary physiotherapy” provided to the CGHS beneficiary as per O.M. dated 01.06.2011 of Ministry of Health and Family Welfare, New Delhi.
3. The CPIO vide his letter dated 08.04.2013 provided a copy of OM dated 01.06.2011 to the Appellant, while also mentioning that the Appellant’s request is in the nature of seeking clarification on a particular subject, and not an information as per RTI Act.
4. The Appellant being dissatisfied with the reply of the CPIO filed an appeal dated 22.04.2013 before the Appellate Authority which the Appellate Authority decided vide his order dated 24.06.2013 upholding the CPIO’s reply.
5. The Appellant then filed the present appeal before the Commission requesting the disclosure of information.
6. During the hearing, the Appellant alleges that the empanelled hospitals of CGHS are refusing to provide “domiciliary physiotherapy”. He also complains that Pay & Accounts office of Government of NCT of Delhi are not passing the bills for reimbursement of “domiciliary physiotherapy”. The Respondents, on their part, inform the Commission that they have already provided copy of OM dated 01.06.2011 to the Appellant which lays down the guidelines for “domiciliary physiotherapy rehabilitation medicine intervention for reimbursement to CGHS beneficiary”. This OM also prescribes the admissible rate for reimbursement of “domiciliary physiotherapy” (i.e. Rs. 300/- per day) which has also been communicated to the Appellant by letter dated 04.01.2014. As for the Appellant’s complaint that PAO, GNCTD is not passing the bill for reimbursement of “domiciliary physiotherapy”, they submit that in so far as the CGHS is concerned, such bills are being passed by them as per the existing rules and guidelines.
7. Having heard the submissions and perused the records, the Commission observes that the admissible and available information has been given to the Appellant. However, he seems to be aggrieved by non-implementation of guidelines given in OM dated 01.06.2011 of Ministry of Health and Family Welfare by certain CGHS empanelled hospitals, and by non passing of bills for said facility by PAO of GNCTD. This is something which cannot be considered under the provision of the RTI Act as it lies beyond its purview. The Appellant is, therefore, advised to approach the concerned authorities for redressal of his grievance.
8. Appeal is disposed of accordingly.
Chief Information Commissioner
Citation: Shri Gian Chand Jain v. Ministry of Health and Family Welfare in Case No.CIC/LS/A/2013/001680SS