Details of basis of allotment of the shops at the Lok Nayak Hospital - PIO: there is no policy or guideline - CIC: the Public Authority recommended coming out with a policy of allotting the shops/kiosks to the bidders & uploading the same in their website
The appellant is present. The Public Authority is represented by Mr. Dr. Anil Misra, CPIONFSG and Mr. L.L.Meena, Planning, S.O. Lok Nayak Hospital, GNCTD, Delhi.
2. The appellant submitted that through his RTI application dated 27.5.2013 he is seeking to know the details of allotment of the shops/ kiosks of the respondent hospital to the people, by name Mr. S.K.Gupta and Mr. Shamsher Ali and wanted to know what is the basis of allotment of the same to them and whether persons belonging to handicapped category are not considered along with the details of subletting of the same, etc. The PIO has given the reply by his letter dated 19.6.2013 on which the appellant has filed the first appeal before the FAA whose order is not available on the file. Claiming nonsatisfaction over the information furnished by the respondent authority, the appellant filed 2nd appeal before the Commission.
3. Heard the submissions made by both the parties. The respondent authority says that there is no restriction that one person can be given one shop/kiosk only, as the respondent hospital has not formulated any policy or guidelines on this aspect. The Commission observes from the submissions made by both the parties that there is a kind of monopoly with reference to allotment of shops/kiosks within the premises of the respondent hospital, as there is no policy or guidelines framed by them in this regard. In public interest, the Public Authority should have framed a policy in the matter of allotment of shops/kiosks, so that equal opportunities are provided to all those who are interested in bidding the shops. Sometimes, giving to the highest bidder may not also be correct in the interest of patients, as the said bidder would certainly try to ensure profits by increasing the prices of the articles, giving margin to the bidding amount. Hence the Commission recommends to the Public Authority that they should come out with a policy of allotting the shops/kiosks to the bidders and upload the same in their official website, so that the persons like the appellant, need not bother the Public Authority with the RTI applications.
4. The Commission further recommends to the respondent authority to check up the agreement entered with the present allottee of their shops/kiosks and clarify whether subletting was permitted or not. If not, then what action, if any, was initiated by the respondent authority against the allottees for subletting the shops/kiosks. This information along with the information on policy, should be intimated to the appellant within 30 days from the date of receipt of this order.
5. The appeal is disposed of accordingly.
(M. Sridhar Acharyulu)
Citation: Mr. Syed Viqar Hussain v. Lok Nayak Hospital, GNCTD in File No.CIC/DS/A/2013/001425SA