CENTRAL INFORMATION COMMISSION
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Decision No. CIC/SG/A/2009/001425/4169
Appeal No. CIC/SG/A/2009/001425
Relevant Facts
emerging from the Appeal:
Appellant : Mr.Ram Kumar Gupta
R/o 21/32, Shakti Nagar
Delhi-110007.
Respondent : Dr. S.C.Jain
Public Information Officer
Municipal Corporation of Delhi
Hindu Rao Hospital, Delhi.
RTI application filed on : 16/12/2008
PIO replied : 13/01/2009
First appeal filed on : 16/01/2009
First Appellate Authority order : 02/02/2009
Second Appeal received on : 04/03/2009
Information sought:
(i) The certified copy of MLC No. 3654/8, dated 31/05/2008 of Smt. Chameli Devi, W/o
Late Sh.Jai Sukh Dass, R/o 117-A, Bunker Colony, Ashok Vihar, Phase-IV, Delhi-
110052.
(ii) Certified copy of Post Mortem Report of Smt. Chameli Devi, W/o Late Sh.Jai Sukh
Dass, R/o 117-A, Bunker Colony, Ashok Vihar, Phase-IV, Delhi-110052.
Reply of PIO
“The information cannot be disclosed to you as per directions of SHO, Roop Nagar.”
Grounds for First Appeal:
Refusal to provide any information from the PIO.
Order of the First Appellate Authority:
The First Appellate Authority ordered “Since the case is at the investigation stage and being third
party information, required information cannot be provided.”
Grounds for Second Appeal
(i) No information provided by the PIO
(ii) Post Mortem report is a public document.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Mr.Ram Kumar Gupta
Respondent: Dr. S.C.Jain, PIO
The Appellant is seeking a certified copy of MLC and Post Mortem report of Smt. Chameli Devi
who has expired on 31/05/2008. It is evident form the reply of the FAA that some police
investigation is being conducted in the matter. The Appellant does not claim any relationship
with Smt. Chameli Devi. The PIO states that the case in under investigation and the Son of the
Late Smt. Chameli Devi has also stated that he would not like the information to be disclosed.
The Police has also stated that this information should not be divulged. Looking at the total facts
of the case and particularly the objections of Smt.Chameli Devi’s Son the Commission rules that
Section 8(1)(j) can be invoked to deny the information since the Medical Record of the deceased
are certainly personal information the disclosure of which could be considered an invasion on the
privacy. The Appellant had made no case to establish any larger public interest.
Decision:
The appeal is dismissed.
The information sought by the Appellant is covered under the Exemption of Section 8(1)(j).
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Any information in compliance with this order will be provided free cost as per Section 7(6) of
RTI Ac.
Shailesh Gandhi
Information Commissioner
17 July 2009
(In any correspondence on this decision, mentioned the complete decision number.)
(AK)