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Dr. Rajeev Kumar vs Safdarjang Hospital on 11 November, 2009

Central Information Commission
Dr. Rajeev Kumar vs Safdarjang Hospital on 11 November, 2009
             Central Information Commission
                                                          CIC/AD/C/2009/000970
                                                        Dated 11th November, 2009


Name of the Applicant                  :   DR. RAJEEV KUMAR


Name of the Public Authority           :   SAFDARJANG HOSPITAL


Background

1. The Applicant filed his RTI application on 22.10.09 with the CPIO / S.J. Hospital,
New Delhi stating that he is an S.R.(ENT) and that he was terminated by CMO
I/C vide letter dated 08.10.09. In this connection he sought information
including the form and manner of his termination of service without any
disciplinary complaint against him, who is authorized to remove him from
service, list of complaints against Dr.A.K.Rai, In-House Procedure for initiating
disciplinary proceedings etc. The Chief Medical Officer, Academic Section replied
on 26.10.09 providing the Applicant point wise information and informing him
that he has been relieved after completion of three years of Senior Residency
and he has not been terminated as alleged by him. Not satisfied with reply, the
Appellant filed a First Appeal before the Appellate Authority on 26.10.09 stating
that while he has asked for information under life and liberty clause under
Section 7(1) he has not received any information leading to impairable loss. On
not receiving any reply from the Appellate Authority, the Appellant filed a
Second Appeal before the CIC for the information.

2. The Bench of Mrs. Annapurna Dixit, Information Commissioner scheduled the
hearing on 11th November, 2009.

3. Dr. R.K. Anand, CMO (NFSG) & CPIO, Dr. N. Sitalakshmi, CMO(NFSG) & CPIO,
Ms.Kamala Mohta, A.A.O, Mr.Debasish Sarkar, LDC and Dr.R.K.Wadhwa
CMO(NFSG) represented the Public Authority.

4. The Applicant was present during the hearing.

Decision

5. The Respondents submitted that the Appellant’s services have not been
terminated nor has he been removed from service and that he has been
relieved from service as per three years of Senior Residencyship as per the
Memorandum signed by him at the time of joining. The said Memo was
produced before the Commission. The Appellant, however, argued that he has
been terminated from his Senior Residency job on the ground that he has done
non-teaching Senior Residency in Aruna Asaf Ali Govt. Hospital from 12.9.06 to
29.8.08 and that one Dr. Manisha had also completed the non-teaching Senior
Residency but is currently working in Safdarjang Hospital.

7. The Appellant has also made out a case of being deprived of his right to life and
liberty while approaching this Commission. In this context it is pertinent to
mention that the Fundamental Right to life and liberty as enshrined in the
Article 21 of the Constitution of India and guaranteed to all citizens of the
country which reads as under:

“21. Protection of life and personal liberty.- No person shall be
deprived of his life or personal liberty except according to
procedure established by law…”

does not involve any adverse impact suffered in a service matter. The case of
the Appellant involves his personal grievance relating to his service,
however, there is no violation of the right to life and personal liberty as
guaranteed under Article 21. The instant case does not involve any allegation of
corruption or human rights violation in the present case, and therefore does not
constitute a matter which can be categorized as a case of violation of the Right
to Life and Liberty.

8. However after hearing the submission of the Appellant, the Commission directs
the CPIO to allow the Appellant to inspect his personal file as sought by him and
to provide him with certified copies of documents he requires. In respect of the
Respondents’ averment that the Appellant has only been relieved from service
and not terminated, an affidavit to be provided to the Appellant confirming this
statement and also giving reasons for relieving the Appellant from service.
Certified copies of Rules related to initiation of disciplinary proceedings and
procedures pf work and conduct may be provided. Complete information to be
furnished to the Appellant by 10.12.09.

(Annapurna Dixit)
Information Commissioner
Authenticated true copy:

(G. Subramanian)
Assistant Registrar
Cc:

1. Dr. Rajeev Kumar
Flat No.10C, Pocket L,
Sheikhsarai, Phase II,
New Delhi – 110 017.

2. The PIO
Safdarjang Hospital
O/o the Medical Superintendent
Safdarjang Hospital
New Delhi – 110 029.

3. Officer in charge, NIC

4. Press E Group, CIC

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