Guidelines regarding the authenticity of usage of Swamy's Medical Attendance Rule while dealing with any kind of medical reimbursement - CIC: Giving reasons/ opinions/ interpretations, etc are beyond the scope of duty of the CPIO
17 May, 2024
Guidelines regarding the authenticity of usage of Swamy's Medical Attendance Rule while dealing with any kind of medical reimbursement - CIC: Appropriate response as per the provisions of the RTI Act has been provided since only such information that is held and available with a public authority can be provided to the information seekers and giving reasons/ opinions/ interpretations, etc are beyond the scope of duty of the CPIO
Information sought and background of the case:
The Appellant filed an RTI application dated 29.07.2022 seeking information on following points:-
“1. In the point no. 4 of the reply given by Shri Subhash Chander, CPIO (EP) of FCI, Headquarters which has been issued vide EP.49(01)/2022 dated 01.06.2022 (copy enclosed) to my RTI Registration No.FCIND/R/E/22/00659 dated 10.05.2022, it has been mentioned that there is no specific circular issued by EP Division regarding mandatory reference of Swamy's Handbook while dealing with any kind of medical reimbursement. However, Swamy's Medical Attendance Rule has been mentioned in the Point No.1 of the REFERRED CIRCULARS of the letter which has been issued by FCI Headquarters vide No.43(13)/2019 dated 07.11.2019. Therefore, it is requested to provide certified and clear information / FCI Headquarters Circular or Guidelines regarding the authenticity of usage of Swamy's Medical Attendance Rule / Swamy's Handbook while dealing with any kind of medical reimbursement.
2. In the point no. 3 of the replies given by Shri Subhash Chander, CPIO (EP) of FCI, Headquarters issued vide EP.49(01)/2022 dated 01.06.2022 (copy enclosed) and Shri Sourav Nitin, CPIO/DGM (Finance) issued vide Bills/Medical/RTI/22-23 dated 26.05.2022 to my RTI Registration No. FCIND/R/E/22/00659 dated 10.05.2022 it has been mentioned that CGHS Rules are being followed for settlement of medical claims including dental medical reimbursement as applicable in Delhi NCR. However, since there is no clear circular or guidelines of FCI Headquarters, New Delhi for reimbursement of dental medical treatment, as such, Swamy's Medical Attendance Rule which has been mentioned in the Point No.1 of the REFERRED CIRCULARS of the letter which has been issued by FCI Headquarters vide No.43(13)/2019 dated 07.11.2019 is followed in most of the Offices in FCI while dealing with medical reimbursement of employees of FCI (Serving or Retired).
Since the replies which are given in my above mentioned RTI application and the letter which has been issued by FCI Headquarters vide No.43(13)/2019 dated 07.11.2019 are contradicting each other, there is a huge confusion in most of the FCI Offices as to which Circular / Guidelines / Letter issued by FCI, Headquarters, New Delhi has to be while dealing with reimbursement of medical claims (including dental medical treatment).
Therefore, it is once again requested to provide the clear information / FCI Headquarters Circular or Guidelines regarding any kind of medical reimbursement (which includes dental medical treatment also). It is also requested to issue a certification for the letters / circulars / information guidelines which are provided to me.”
The CPIO, Food Corporation of India, New Delhi vide letter dated 16.08.2022 replied as under:-
“As per RTI Act, CPIO is required to provide information as available with him in the form of O.M., notifications, rules, regulations, orders, letters and circulars etc. Queries / clarifications or interpretation of information is outside the preview of the Right to Information Act, 2005. The CPIO is not supposed to create information or to interpret information.”
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 17.08.2022. The FAA vide order dated 30.08.2022 upheld the reply of CPIO.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Appellant: Present via VC
Respondent: Mr. Biju B. DGM (Finance)
The Appellant stated that the relevant information has not been furnished to him till date. He stated that he had sought clear information with respect to FCI Headquarters Circular or Guidelines regarding the authenticity of usage of Swamy's Medical Attendance Rule / Swamy's Handbook while dealing with any kind of medical reimbursement. He requested to direct the PIO to furnish information as sought.
The Respondent stated that the relevant information as sought in the instant RTI Application do not conform section 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; of the RTI Act. He stated that the Act does not cast an obligation upon the PIO to give opinion or interpret any law.
Decision:
Upon perusal of case records and submissions made by both the parties, the Commission is of the view that an appropriate response as per the provisions of the RTI Act, 2005 has been provided by the Respondent since only such information that is held and available with a public authority can be provided to the information seekers and giving reasons/ opinions/ interpretations, etc are beyond the scope of duty of the CPIO. Hence, no further intervention of the Commission is required in the instant matter.
The appeal is disposed of accordingly.
Heeralal Samariya
Chief Information Commissioner
Citation: Shri Chandan v. Food Corporation of India, CIC/FCIND/A/2022/647480; Date of Decision : 18.03.2024