Guidelines regarding the authenticity of Swamy's Medical Attendance Rule / Swamy's Handbook

The applicant referred to reply of earlier RTI application where it was mentioned that CGHS Rules are being followed for settlement of medical claims including dental medical reimbursement as applicable in Delhi NCR. The applicant submitted that since there is no clear circular or guidelines of FCI Headquarters, New Delhi for reimbursement of dental medical treatment. Therefore, Swamy's Medical Attendance Rule mentioned in the letter issued by FCI Headquarters is followed in most of the Offices in FCI while dealing with medical reimbursement of employees of FCI. The applicant contended that 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 adhered while dealing with reimbursement of medical claims. He requested to provide the clear information / FCI Headquarters Circular or Guidelines regarding any kind of medical reimbursement (which includes dental medical treatment also). The respondent replied that as per RTI Act, PIO 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 RTI Act. The CIC held that an appropriate response as per the provisions of the RTI Act, 2005 has been provided by the Respondent

Comments

Legally, 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 PIO. However, it is an Obligation of public authorities under section 4(1) (d) to provide reasons for its administrative or quasi-judicial decisions to affected persons.

Citation: Shri CHANDAN v. Food Corporation of India, CIC/FCIND/A/2022/647480; Date of Decision : 18.03.2024