Name of the Applicant Name of the Public Authority Central Information Commission CIC/PB/A/2008/01102-AD Dated May 3, 2010 Shri Mahanand Jha Central Institute of Psychiatry, Ranchi Non-compliance CIC Order in the captioned case, dt.26.12.0,8 Background
The relevant para 6 of the Order is reproduced below:
6. Keeping in view the fact that the details of treatment can only be given to
Mr.Sanjiv Kumar Jha or to his guardian on submission of consent by Mr.Jha, and also
that the consent given by Mr.Jha would be considered valid only if he is found to be
normal at this point of time, the Commission directs the CPIO to examine Mr.Jha and
to ascertain whether he is normal or not and only then furnish the required
information to the Appellant on receipt of consent from Mr.Jha. The examination and
the decision to give the information or not to be taken by the CPIO by 315′ January
2009.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing
on May 3, 2010. I
3. Dr.Daya Ram, P10 and Shri Vipin Prasad, APIO represented the Public Authority.
4. The applicant was heard through audio.
Decision
5. The Respondent Dr.Daya Ram submitted that the Appellant is seeking the
photocopies of case record file of Shri Sanjeev Kumar Jha from his date of admission
i.e. 30.10.07 till his date of discharge from the hospital i.e. 4.2.08. He added that as
per the direction of the CIC, CPIO had requested the Appellant as well as Shri Sanjeev
Kumar Jha, the patient to appear before the Medical Board of the Institute so as to
ascertain whether Shri Jha is normal or not so that the information can be furnished to
the Appellant on receipt of consent from Shri Sanjeev Kumar Jha. But both of them
never turned up before the Medical Board. He added that the medical records of Shri
Sanjeev Kumar Jha contain information related to his mental illness, intimate feelings
and behaviour, his beliefs, mental status, clinical notes, treatment details etc. He
further added that this information is exempt from disclosure to anyone u/s 8(1)(e)
and 8(1)(j) of RTI Act, 2005 and also attracts the provision of Indian Medical Council
Act, 2002 and Mental Health Act, 1987 for professional misconduct. During the
hearing, Dr.Daya Ram also stated that the Appellant is the father of Shri Sanjeev Jha
and that he is already aware of the treatment given to his son. When the
Commission queried as to why the details cannot be disclosed to a father, Dr.Daya
Ram explained that it can be disclosed to anybody with the consent of the
patient/authorized attendant or legal authorities involved as per 1.3.2 of IMC Act and
documents shall be issued within a period of 72 hours. He also brought to the
attention of the Commission that as per para 7.2 of the IMC Act, the physician shall
render himself/herself liable for disciplinary action, if he/she does not maintain the
medical records of his/her indoor patients for a period of three years as per regulation
1.3 and refused to provide the same within 72 hours when the patient or his/her
authorized representative makes a request for it as per the regulation 1.3.2. The
Appellant who was heard through audio conferencing submitted that his son had gone
missing since Feb. 2008 and he is seeking information only to give better treatment to
his son. When the Commission queried as to whether the case record will be
provided in case the Appellant wants to treat his son in another hospital, Dr.Daya Ram
clarified that it is possible if the doctor to whom the patient has been referred to
makes a request for the case history . The information then will be furnished only to
the Doctor and to no one else.
5 The Commission after noting that that any new Doctor to whom the case is referred
may obtain the case history from the Institute on request, denies disclosure of
information under Section 8(1)(e) of the RTI Act and accordingly disposes of the
appeal
/3 <6»;;ir
(Annapu
Information Commissioner
Authentica d tr e copy:
I
(G.Subra anian)
Deputy R gistrar
Cc:
Shri Mahananda Jha
A.D.M.(Retd.)
AT & P.O ~ Rajwara
Banka 813 110
The CPIO
Central Institute of Psychiatry
Kanke, Ranchi 834 006
The Appellate Authority
Central Institute of Psychiatry
Kanke, Ranchi 834 006
Officer incharge, NIC
Press E Group, CIC
