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Decision No. CIC/SG/A/2010/003211/10730
Appeal No. CIC/SG/A/2010/003211
Relevant Facts
emerging from the Appeal
Appellant : Mr. Vinod Kumar,
R/o House No. 32,
Paan Udyan, Narela
New Delhi-110040
Respondent : Dr. Kulen Dass
Public Information Officer & Dy. Medical Superintendent,
Maharshi Balmiki Hospital,
Government of NCT of Delhi,
Pooth Khurd, New Delhi -39
RTI application filed on : 08/09/2010
PIO replied : 05/10/2010
First appeal filed on : 21/10/2010
First Appellate Authority order : 04/11/2010
Second Appeal received on : 18/11/2010
Information Sought:
The appellant sought information regarding the child of Nazakat Ali who was admitted in Maharshi Balmiki
Hospital in a very crucial condition. The appellant sought for the statements of Nazakat Ali and MLC of the
child. Also the appellant requested for the name and address of FAA and a certified copy of this application.
Reply of PIO:
PIO responded to the application that the information cannot be provided under Sec. 8(1)(j) of RTI Act. The
name and address was Medical superintendent, Maharshi Balmiki Hospital. The certified copy of the
application was enclosed in the reply.
First Appeal:
Incomplete information provided by PIO.
Order of the FAA:
Appeal was disposed stating that the information provided was sufficient.
Ground of the Second Appeal:
Incomplete information given by PIO.
Relevant Facts emerging during Hearing:
The following were present:
Appellant : Mr. Vinod Kumar;
Respondent : Dr. Jintendra Kumar, SMO on behalf of Dr. Kulen Dass, PIO & Dy. Medical Superintendent;
The Appellant has sought the medical record available in the hospital of the child Mr. Nazakat Ali.
The PIO has refused to give this information. The Commission agrees with the contention of the PIO that
information about the medical record of a person is held in the fiduciary relationship by a Hospital. Hence
this information should not be disclosed since it is covered by Section 8(1)(e) of the RTI Act. This
information can be disclosed only if the larger public interest is established.
Decision:
The Appeal is dismissed
The information sought is covered by Section 8(1)(e) of the RTI Act.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi
Information Commissioner
31 December 2010
(In any correspondence on this decision, mention the complete decision number.) (PBR)