Central Information Commission Judgements

Mr. B.K. Vashishta vs M/O. Health & F.W on 20 October, 2008

Central Information Commission
Mr. B.K. Vashishta vs M/O. Health & F.W on 20 October, 2008
           Central Information Commission

                                             CIC/PB/A/2008/00893/AD

                                                   Dated October 20, 2008

Name of the Appellant         :Mr. B.K. Vashishta,
                               195/A, Nawada Bazar
                               Najafgarh, New Delhi-110043


Name of Public Authority      :M/o. Health & F.W.,
                               Dr. Ram Manohar Lohia
                               Hospital, New Delhi



Background

1. The RTI request was filed on 19.02.08. The Appellant requested for
certified documents such as test reports, prescriptions etc. in respect
of his late wife who died in Ram Manohar Lohia Hospital on 07.12.07.
The CPIO replied on 29.02.08 stating that Medical Records are private
personal information and that the Appellant should get a court order
for legal heirship as per the RMLH Circular which was enclosed. The
Appellant filed his first appeal on 02.04.08 questionairy the CPIO’S
decision and reiterating this request for the information. The AA, in
his Order of 08.05.08, directed the CPIO to provide the copies of all
documents to the Appellant. The second appeal was preferred before
the CIC on 07.06.08 stating that the CPIO had not complied with the
AA’s Order.

2. The Bench of Mrs. Annapurna Dixit, Information Commissioner,
scheduled the hearing for October 20, 2008.

3. Both the Appellant & Respondent were absent on the day of hearing.

Decision

4. The Commission upholds the decision given by the Appellate Authority
and directs the CPIO to provide certified copies or all the documents
related to the death of the Appellant’s spouse.

5. The Commission directs the Public Authority to provide a
Compensation of Rs. 5000 to the Appellant for the mental torture and
harassment that the Appellant had faced because of non-compliance of
AA’s order by the CPIO and also for meeting expenses on travel which
the Appellant had incurred to attend the hearing.

6. The case is disposed off .

(Annapurna Dixit)
Information Commissioner
Authenticated true copy:

(K.G.Nair)
Designated Officer
Cc:

1. Mr. B.K. Vashishta, 195/A, Nawada Bazar, Najafgarh, New Delhi-110
043

2. The CPIO -RTI, Ministry of Health & Family Welfare, Dr. Ram Manohar
Lohia Hospital, New Delhi.

3. The Appellate Authority, RTI, Ministry of Health & Family Welfare, Dr.
Ram Manohar Lohia Hospital, New Delhi.

4. Officer incharge, NIC

5. Press E Group, CIC