Expressing concern over delays in the implementation of the Punjab Clinical Establishments Act, 2020, the Punjab State Information Commission has asked the state's chief secretary and principal secretary of health and family welfare to look into the matter in the larger public interest, stressing that the law must be enforced in a time-bound manner.
The directions were issued by a double bench comprising Chief Information Commissioner Inderpal Singh and State Information Commissioner Pooja Gupta while hearing an appeal filed by a Mohali resident. The appellant sought information regarding hospitals with less than and more than 100 beds operating in Mullanpur under the Punjab Clinical Establishments (Registration and Regulation) Act, 2020.
During the hearing, it was noted that the public information officer (PIO) concerned, in his reply on June 10, 2025, stated that while the act was notified on October 22, 2020, the rules were still under finalisation. The appellant raised concerns about a "serious public health risk" posed by the Homi Bhabha Cancer Hospital and Research Centre at Medicity, Mullanpur, stating that the institution was involved in radiotherapy, chemotherapy, diagnostics, and clinical allopathic treatment, which, without registration, posed a serious public health risk.
The appellant argued that the matter involved larger public interest, particularly in terms of patient safety and regulatory oversight. He cited legal precedents, asserting that where public health or patient safety was involved, the standard of disclosure was higher and failure to disclose was not merely an RTI lapse but a breach of public duty. After hearing the appellant, the respondent acknowledged that it was not "feasible" to implement the Punjab Clinical Establishments Act in letter and spirit without the rules.
In its order, the commission directed the PIO to file an affidavit detailing the day-to-day progress of framing the rules along with documentary evidence to date, so that the delay could be justified. It also sought clarification on whether any concessions had been extended to the cancer facility by way of budget grants.
The commission also impleaded the Homi Bhabha Cancer Hospital and Research Centre as a party in the case and asked it to file a reply stating which system of medicine, that is, allopathy, ayurveda, etc., was being used by the institution. The institution was also directed to make detailed submissions on whether it had received any concessional or free benefits from any government department of Punjab.
The commission also impleaded the Punjab Pollution Control Board, Kharar tehsildar, and Punjab Health Systems Corporation in the case, directing them to furnish details related to regulatory approvals, biomedical waste management compliance, land allotment, and any concessions granted. The director of Homi Bhabha Cancer Hospitals and Research Centre has been impleaded in the case to file written submissions, if any, and has been directed to remain present during the next hearing. The managing director of Punjab Health Systems Corporation has been asked to ensure the presence of the officials concerned at the next hearing.
Emphasising transparency and accountability under the RTI Act, 2005, the commission noted: "Since the mandate of the RTI Act, 2005, is transparency and accountability in the functioning of every public authority, a copy of this order is being sent to the chief secretary, Punjab, and the principal secretary, health and family welfare, to look into the matter in the larger public interest, as all the provisions of the Clinical Establishments Act passed by the Government of Punjab in 2020 have to be implemented in a time-bound manner, for which the rules are yet to be finalised. As such, appropriate action be taken as per the procedure established by law."
