Failure to provide free medical care to EWS patients as per land allotment conditions
The appellant filed an application under the Right to Information (RTI) Act with the Directorate of Health Services (DoHS) requesting for inspection of the hospital records related to registration and renewals of hospitals with the Delhi Government and the records related to the Committee formed as per order a particular High Court order. The Public Information Officer (PIO) requested the applicant to visit the DoHS to inspect the file pertaining to the renewals and registrations. He also provided point wise information against the remaining points.
During the hearing the before Central Information Commission (CIC), the appellant submitted that the government agencies have allotted land for hospitals and that the allottees were expected in return to provide free medical care to EWS persons as per land allotment conditions. He requested for information on amounts to be recovered from Private Hospitals in this connection and the reasons for delay in recovery. The respondent explained that after the High Court had pronounced its judgment, the Public Authority had taken action to recover the money from the private hospitals. As part of this process, some Chartered Accountants (CA) have been identified for collecting the relevant information from the Private Hospitals so that the amount to be recovered from each hospital can be calculated. The respondent pointed out that the appellant has already inspected the relevant files and that he is still seeking soft copies of all the records related to private hospitals based on which the recoverable amounts are to be calculated as per Delhi HC decision. The appellant further clarified that he is seeking details of balance sheets submitted by the private hospitals to the CAs so that he can identify the expenses incurred by each hospital for providing free medical care to weaker section.
View of CIC
The Commission directed the PIO to provide the information regarding the amounts to be recovered from each hospital and calculations in a CD. The CIC however, held that the balance sheets of private hospitals is third party information and directed the PIO to follow the provisions under section 11(1) Where a Central Public Information Officer or a State Public Information Officer, as the case may be, intends to disclose any information or record, or part thereof on a request made under this Act, which relates to or has been supplied by a third party and has been treated as confidential by that third party, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within five days from the receipt of the request, give a written notice to such third party of the request and of the fact that the Central Public Information Officer or State Public Information Officer, as the case may be, intends to disclose the information or record, or part thereof, and invite the third party to make a submission in writing or orally, regarding whether the information should be disclosed, and such submission of the third party shall be kept in view while taking a decision about disclosure of information: of the RTI Act and thereafter take a decision on the matter after considering the submissions of third party.
Citation: Mr. Rakesh Kumar Gupta v. Directorate of Health Services in File No: CIC/AD/A/2013/000341
RTI Citation : RTIFI/2013/CIC/1275
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