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LATEST NEWS UPDATES | CIC allows RTI applicant to inspect Command Hospital records by Manoj More

CIC allows RTI applicant to inspect Command Hospital records by Manoj More

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published Published on Jan 11, 2012   modified Modified on Jan 11, 2012

 The Central Information Commission has ordered the Command Hospital to allow RTI applicant Kannan Nambiar to inspect certain records for as many as six hours. Chief Election Commissioner M L Sharma, who issued the directive last week, rejected the contentions of the Command Hospital for denying information to Nambiar under the Right to Information (RTI) Act.
Nambiar, a medical vendor, had shot in to limelight in December 2010 when on his complaint the CBI had raided Command Hospital and seized an air-conditioner which they were reportedly prevented from taking for several hours.

Nambiar had alleged that he had provided the AC to the hospital even after it had refused to make payments for medicines supplied by him. Nambiar claimed that the hospital owed him Rs 25 lakh. After the hospital rejected his claim, he had filed an application with the hospital PIO under RTI Act, seeking information about the rate inquiry issued to the vendor from January 1, 2009 to November 25, 2010 and quotations submitted in the same period. The CPIO denied him the information under clauses (D) and (H) of Section 8 (1) of the RTI Act.

Nambiar, a resident of Sangvi, then filed an appeal before the CIC in New Delhi. He argued his own case while the hospital was represented by Lt Col T Mohan. Col Mohan submitted that owing to poor performance and misconduct, Nambiar had been banned by the hospital from supplying medicines.

He submitted that the appellant had filed a case with the CBI, which had been closed. Besides, Nambiar had challenged the ban in court, which had refused to grant him an interim injunction, Col Mohan submitted. A charge-sheet had been filed by the police in connection with alleged forging of documents, the CIC was told. Mohan said besides, the information belonged to third party, and couldn’t be provided to to Nambiar.

The CIC found these arguments untenable. Sharma said, “I am not impressed by the submissions made by Lt Col T Mohan. The reasons mentioned by him cannot defeat the appellant’s right to seek information under the RTI Act.” The CIC said, “The applicant is seeking information with respect to contracts which have been concluded. He is not seeking information about the contracts which are under process. Thus, the matter can’t be under investigation under section (D) and (H) of the RTI Act.”

The CIC said the hospital’s contention that the information belonged to a third party held no ground as the information sought is nothing but official records of the hospital. The CIC said information related to government funds needed to be put before public. “The Command Hospital had purchased medicines and other equipment with government funds and transparency demands that the information related to government funds be put in public domain,” Sharma said.

Setting aside the decision of the CPIO, the CIC said, “I accept the submission of Lt Col Mohan that supplying a huge number of documents would put undue strain on the hospital’s resources. I hereby order that the appellant may be allowed inspection of relevant records in the hospital at a mutually convenient date and time. The inspection should be for six hours.”

“I am fighting on various counts. One is the bribe case that I filed against the hospital and second is getting back the Rs 25 lakh the hospital owes me,” said Nambiar.


The Indian Express, 11 January, 2012, http://www.indianexpress.com/news/CIC-allows-RTI-applicant-to-inspect-Command-Hospital-records/898397/


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