CENTRAL INFORMATION COMMISSION

August Kranti Bhawan, Bhikaji Cama Place,

New Delhi-110066

F. No.CIC/YA/A/2016/001512
F. No.CIC/YA/A/2016/002114

Date of Hearing : 16.03.2017

Date of Decision : 16.03.2017

Appellant/Complainant : Shri Aravind Kumar

Respondent : Safdarjang Hospital

Through:
Dr. S Mahajan, CMO
Dr. M Nagar, MO, Sh. B S Murthy,
Director and Sh. Uttam Sengupta,
SO

Information Commissioner : Shri Yashovardhan Azad

Relevant facts emerging from appeal:

Case No. Filed on PIO reply First appeal FAO
001512 14.10.2015 19.11.2015 04.12.2015 13.02.2016
002114 22.12.2015 25.01.2016 19.03.2016 -

Since the captioned appeals have been filed by the same appellant and
involve similar queries, they are clubbed for the purpose of adjudication

Information sought and background of the case:

CIC/YA/A/2016/001512

Vide RTI application dated 14.10.2015, the appellant sought multifaceted

information relating to the post of physiotherapist since year 2008 including
the advertisement, merit list, name and designation of experts who appeared
at each selection procedure and such other queries spread over eight points.
The CPIO replied vide letter dated 19.11.2015. Not satisfied with the
response received from CPIO, the appellant filed first appeal. The FAA vide
order dated 13.02.2016 upheld the CPIO’s reply. Feeling aggrieved, the
appellant approached the Commission.
Relevant facts emerging during hearing:
Both parties were present and heard during the hearing. The appellant
specified that he was aggrieved by the response of the PIO particularly
against the queries number 5 and 8 wherein the certified copy of marksheet,
internship completion certificate, graduation certificate, age proof certificate
etc were denied to the appellant invoking the Section 8 (1)(j) of the RTI Act
stating that the information sought was personal in nature.
On being enquired by the Commission, the appellant stated by his RTI
application he wanted to check the veracity of the recruitments made by the
Respondent and ensure that the proper selection process was followed and
adequate qualification etc checked while appointing the physiotherapists. In
response to this, the Respondents stated that information has been provided
in response to the queries of the appellant, as per provisions of law. They
further stated that while qualification of the 29 incumbent physiotherapists
can be provided by them, the certified copies of educational certificates etc
had been denied by the Respondents, as per their understanding of the Act.

Decision:
After hearing parties and perusal of record, the Commission finds that the
Appellant exhibits lack of faith towards the entire system of recruitment and
selection of the physiotherapists at such a premier institute as the
Safdarjung Hospital. He has in doing so, raised a pertinent query of every
citizen who is curious and wants to ensure that the medical and paramedical
staff recruited by leading Government hospitals should be adequately
qualified and well trained, to avoid putting public health at risk. In fact, the
Commission does agree that the medical certificate/degree/diploma of the
medical and paramedical practitioners should be appropriately disclosed in
conspicuous places like wall of their chamber/clinic or information board of
the hospital in order that the patients are aware of their qualification. This
will help the patients in taking an informed decision about approaching a
particular medical practitioner and reposing more faith based on facts.
In the instant case, the Commission directs the Respondent to file an
Affidavit duly deposed by a senior, responsible officer stating that:
a) appropriate procedure/s were adopted in selection and recruitment of all
the 29 physiotherapists; and
b) that they selected candidates fulfilled the mandates and educational
qualifications as per the job requirement [ i.) possessing Bachelor’s degree
from a Recognised University, ii.) having completed Internship programme of
stipulated period and iii.) possessing Post Graduate qualification] of each of
the 29 physiotherapist.
c) The degree possessed by all the 29 physiotherapists, from the respective
Institutes/Universities should be clearly mentioned in the affidavit.
The Affidavit should be submitted within two weeks of receipt of this order.
 CIC/YA/A/2016/002114
Vide RTI application dated 22.12.2015, the appellant sought certified copy of
record of last file movement on FTS or other files mentioned in RTI
application. The CPIO replied vide letter dated 25.01.2016. Not satisfied with
the response received from CPIO, the appellant filed first appeal. The FAA
did not pass any order. Feeling aggrieved, the appellant approached the
Commission.

Relevant facts emerging during hearing:

Both parties were present and heard during the hearing. The Respondent
submitted that the information/files sought by the appellant relate to a
period when Dental, Para-Medical and Nursing sections operated as one
Department. Subsequently, the division of these sections took place. Since
the information/files related to old records, only the Volume I of such
records is available. As reasoned by the PIO, at the relevant point of time,
there was no provision of FTS, hence information about the specific files is
not available. However, during further deliberations it was revealed that the
main query of the appellant revolved around the S D Sharma Committee
report. The Respondent states that though the exact files sought by the
appellant may be untraceable, the information contained therein maybe
available scattered among other records and all such information if sought
specifically by the appellant, the Respondent shall be more than happy to
furnish.

Decision:
In line with the aforementioned deliberations the position so emerges that the
appellant should reframe his queries and the Respondent shall provide the S
D Sharma Committee report and related notesheets alongwith other specific
queries framed by the appellant, within the stipulated period of a month from
receipt of such reframed queries.
Furthermore, in so far as the untraceable files are concerned, the
Commission directs the FAA to conduct an Enquiry as to how so many
Government files can be completely lost, whether any incident was reported
and what action was taken pursuant to such loss of files. The Enquiry Report
should be submitted before the Commission within four weeks from the date
of receipt of this order.

The appeals are disposed of accordingly.

(Yashovardhan Azad)
 Information Commissioner

Authenticated true copy. Additional copies of orders shall be supplied against

application and payment of the charges prescribed under the Act to the CPIO
of this Commission.

(R.P.Grover)
Designated Officer

Copy to:-

Nodal Officer – RTI Cell, First Appellate Authority under RTI

Under Secretary &
CPIO, Ministry of Health &
Family Welfare, A.H.S.
Section, Nirman Bhawan, New
Delhi-110108.
ARAVIND K
House No. : B2C-78-B, JANAK
PURI, NEW DELHI-110058.
Office of the
Director, Ministry of Health
& Family Welfare, Room
No.-204, D-Wing, Nirman
Bhawan, New Delhi-110108.