Central Information Commission
CIC/PB/C/2008/696/AD
Dated November 28, 2008
Name of the Appellant : Shri Shyam Sunder Somani
Gujarat Mansion, Flat No.3
4th Floor, 14 Bentick Street
Kolkata 700 001
Name of Public Authority : The PIO
Ministry of Health & Family
Welfare
Mental Hospital Psychiatric Centre
Janta Colony
Jaipur 302 004
Background
1. The RTI application was filed on 23.6.08. The Appellant stated that his
younger brother was admitted in the Psychiatric Centre, Janata
Colony, Jaipur, and was discharged in Feb.1996. He wanted the
following documents such as Admission Paper, Prescription of Doctor,
In-patient record sheet, Discharge letter and any other medical
documents/papers. The CPIO of Department of Posts, Jaipur
transferred the letter on 28.6.08 to the Psychiatric Centre, Mental
Hospital, Jaipur requesting for the information. On not receiving any
reply from the CPIO, the first appeal was filed by the Appellant on
20.3.08. On not receiving any reply from the Appellate Authority, the
Appellant filed his second appeal before the CIC on 1.4.08
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner,
scheduled the hearing for November 28, 2008.
3. Dr.Alok Tyagi, Associate Professor, represented the Public Authority.
4. The Appellant, Mr.Shyam Sundar Somani was not present during the
hearing.
Decision
5. The Respondent submitted that the patient had been treated at the
Psychiatrist Centre from 31.10.95 to 17.3.96. The Respondent also
stated that as per the policy of the Centre, records can only be
provided to the patient himself (once he is treated and in a position to
request for his records) or to a competent authority (a District
Magistrate ) and not to the attendants. The Respondent showed a
State Govt. Order dt.9.11.2000 showing different dates for retention of
different medical records by the Centre. As per this Order, records of
Bed Head Patients, more than 10 years old, need not be retained by
the Centre. However, the Respondent stated that since he still
possesses the records of the patient, he would be willing to provide the
same provided the patient himself or a competent authority requests
for them in writing.
6. The Commission directs the CPIO, Psychiatric Centre to write to the
patient (third party) informing him about the Appellant’s request for
the information about the patient’s records (as per provisions under
Section 11(1) of the RTI Act) and based on the patient’s consent,
provide the medical details to the patient only, as per the Centre’s
policy, but only after receipt of a request for the information from
the patient himself or from a competent authority such as a District
Magistrate.
7. The patient’s (third party) consent to be taken within 10 days of
receipt of this Order and information to be provided only to the
patient, based on the patient’s consent, within 10 days of the
patient’s written consent.
8. The appeal is disposed off.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(K.G.Nair)
Designated Officer
Cc:
1. Shri Shyam Sunder Somani
Gujarat Mansion, Flat No.3
4th Floor, 14 Bentick Street
Kolkata 700 001
2. The PIO
Ministry of Health & Family Welfare
Mental Hospital Psychiatric Centre
Janta Colony
Jaipur 302 004
3. The Superintendent & Appellate Authority – RTI
Ministry of Health & Family Welfare
Mental Hospital Psychiatric Centre
Janta Colony
Jaipur 302 004
4. Officer incharge, NIC
5. Press E Group, CIC