Central Information Commission
CIC/AD/A/2010/000304
Dated April 21, 2010
Name of the Applicant : Shri Satya Prem
Name of the Public Authority : Medical Council of India
Background
1. The Applicant filed an RTI application dt.20.10.09 with the PIO, MCI requesting for information
against 11 points related to the alleged medical diagnosis done by some Doctors . Dr.P.Kumar, PIO
replied on 5.11.09 stated that the existing IMC Act, 1956 and the regulations therein are silent with
respect to the queries raised in the application and as such there is no information in this regard. Not
satisfied with the reply, the Applicant filed an appeal dt.12.11.09 with the Appellate Authority
reiterating his request for the information. Dr.Davinder Kumar, Appellate Authority replied on 14.12.09
stating that most of the information with reference to RTI application was pertaining to Ramakrishna
Mission Sevashram and that the same was required to be forwarded to the concerned authority and
directed the PIO to forward the same within one week. Being aggrieved with the reply, the Applicant
filed a second appeal dt.7.1.10 before CIC.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for April 21,
2010.
3. Dr.Davinder Kumar, PIO and Shri J.S.Bhasin, Retainer, MCI represented the Public Authority.
4. The Applicant was present during the hearing.
Decision
5. The Appellant during the hearing reiterated his questions as given in his RTI application, seeking the
opinions of the PIO, MCI on various issues related to wrong diagnosis done by some Doctors.. The
Respondent submitted that the grievance of the Appellant relates to the ‘unethical’ practices of
Doctors in various hospitals and that the only way to deal with this grievance is to lodge complaints
against the different Doctors with the Uttarakhand State Medical Council so that the Ethics
Committee can look into the matter. The matter can be referred later to the MCI. .
6. The Commission on perusal of the information sought holds that no information is being sought as
defined u/s 2(f) of the RTI Act as the Appellant is seeking the opinion of the PIO on whether the
Doctor was negligent or not while diagnosing the disease and while treating the patient. The
Commission, while rejecting the appeal as no such information is available in the records of the MCI,
advises the Appellant to lodge complaints against the Doctors from different Hospitals with the
Uttarakhand State Medical Council so that the Ethic Committee of the Council can immediately take
up the matter.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Deputy. Registrar
Cc:
1. Shri Satya Prem
R/o A6, Ram Nagar Colony
Post – Gurukul
Kangri
Haridwar 249 404
2. The PIO
Medical Council of India
Pocket14, Sector8
Dwarka Phase1
New Delhi
3. The Appellate Authority
Medical Council of India
Pocket14, Sector8
Dwarka Phase1
New Delhi
4. Officer incharge, NIC
5. Press E Group, CIC