Central Information Commission
CIC/AD/A/2010/000566
Dated May 20, 2010
Name of the Appellant : Mr. Kamal Kant Sharma
Name of the Public Authority : Ministry of Health & Family Welfare, New
Delhi
Background
1. The RTI application was filed on 12.11.09 with the CPIO, Ministry of Health & Family
Welfare. The Applicant requested for information on the action taken on a complaint that
was forwarded to the Ministry by the CVC, besides the details of receipt of letters sent by
him on 20.2.09 including the diary number and the date. He also wanted to know the
reasons for delay in disposal of his case. The PIO replied on 20.12.09 denying the
information against points I and III under Section 8(1)(h) of the RTI act. With regard to
points II he stated that both letters had been received and action as deemed fit has
already been taken. As for point IV no such communication has been received from CBI
in his Section. The first appeal was filed by the Applicant on 31.12.09 seeking the
information once again. The Appellate Authority in his reply dated 22.2.2010 informed
the Appellant that the CVC had sought a report on a similar complaint from the Appellant
separately. After examining the report and the comments of the Ministry of Health &
Family Welfare, the CVC had advised for closure of the above case and that the
complaint/case has since been closed by the Ministry of Health & Family Welfare.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing
for May 20, 2010.
3. The Public Authority was represented by Mr. R. Rajagopal, Dy. Secretary (Link Officer to
PIO), Mr. S. K. Gupta, US and Mr. J. P. Pandey, S.O.
4. The Appellant was not present during the hearing.
Decision
5. The Respondent submitted that at the time the PIO had given the response to the RTI
application, the enquiry into the matter of negligence by the Doctors and by the Soni
Hospital, Jaipur was still going on. Hence the information was denied u/s 8(1)(h) of the
RTI Act. He also stated that the complaint was forwarded to the DGHS on 1 st
Sept., 08 and atleast eight reminders were sent to the DGHS to submit their comments
and examination report on the complaint. Eventually the DGHS replied on 22.2.09
stating that the Rajasthan Government had set up an enquiry Committee of three Doctors
who had looked into the matter and had reported that nothing adverse was found in the
treatment of the patient by the Doctors or by the Hospital. Similarly, DGHS had also
reported about a report received from Govt. of Rajasthan which also maintained that
there was no negligence found during the treatment of the daughter of the complainant.
6. The Commission on perusal of the documents on record and after hearing the
Respondents directs the PIO to provide to the Appellant the attested copies of all related
reports and communication by 10th June, 2010. The appeal is disposed off accordingly.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G. Subramanian)
Deputy Registrar
Cc:
1. Mr. Kamal Kant Sharma,
House No. III147, A.G. Colony,
Bajaj Nagar,
Jaipur302015
2. The Public Information Officer,
Ministry of Health & Family Welfare,
Office of Director (Vigilance),
Nirman Bhawan,
New Delhi.
3. The Appellate Authority,
Ministry of Health & Family Welfare,
Office of Chief Vigilance Officer,
Nirman Bhawan,
New Delhi.
4. Officer in charge, NIC
5. Press E Group, CIC