In the Central Information Commission
at
New Delhi
File No: CIC/AD/C/2011/000826
Date of Hearing : September 29, 2011
Date of Decision : September 29, 2011
Parties:
Applicant
Shri Durgesh Kumar Srivastava
S/o Shri Ramlal Srivastava
Shri Ram Janki Netralaya
Pathar Kothi
Vetiyahata
Gorakhpur
Uttar Pradesh
The Applicant was present at NIC Studio, Gorakhpur
Respondents
North Eastern Railway
Divisional Railway Manager's Office
Lucknow Division
Lucknow
Represented by : Shri R.P.Singh, PIO & Sr.EDPM
Dr.Amitabh Rawat representing CMS
NIC Studio, Lucknow
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/C/2011/000826
ORDER
Background
1. The Applicant filed an RTI Application dt.19.1.10 with the PIO, DRM Office, North Eastern Railway,
Lucknow seeking information against ten points with regard to the medical treatment given to his
sister who was admitted in the Railway Hospital on 25.12.09 and had expired on 26.12.09. The PIO
replied on 22.2.10 denying the information u/s 8(1)(j) since it relates to a third party and since
according to him there is no public interest involved in its disclosure. Being aggrieved with the reply,
the Applicant filed a complaint dt.29.1.11 before CIC.
Decision
2. The Commission on perusal of the submissions on record and after hearing both sides, holds that
the information is being held by the Doctor in a fiduciary relationship. However, since the patient has
expired, as per submission by the Respondents, the information can now be furnished to the
patients’ husband who is closest to the late patient. The Complainant therefore is advised to submit a
letter of ‘no objection’ written by the patient’s husband to the PIO so that the PIO can furnish the
complete information to the Complainant on receipt of such a letter. This exercise may be completed
by 24 October, 2011.
3. The complaint is disposed of with the above directions.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri Durgesh Kumar Srivastava
S/o Shri Ramlal Srivastava
Shri Ram Janki Netralaya
Pathar Kothi
Vetiyahata
Gorakhpur
Uttar Pradesh
2. The Public Information Officer
North Eastern Railway
Divisional Railway Manager’s Office
Lucknow Division
Lucknow
3. Officer in charge, NIC
Note: In case, the Commission’s above directives have not been complied with by the Respondents, the
Appellant/Complainant may file a formal complaint with the Commission under Section 18(1) of the RTIAct, giving
(1) copy of RTIapplication, (2) copy of the Commission’s decision, and (3) any other documents which he/she
considers to be necessary for deciding the complaint. In the prayer, the Appellant/Complainant may indicate, what
information has not been provided.