The cause of death of a patient who was admitted to the AIIMS was sought by his brother - Respondent: records could be provided only to the wife of late patient after producing documentary evidence of the relationship - CIC: Order upheld19 Feb, 2015
Appellant sought information on 7 points to know the cause of death of a patient named Naresh Kumar Goyal son of Suresh Kumar Goyal, KC-102/2, Kavinagar, Ghaziabad who was admitted to the AIIMS for treatment on 15.07.2005.
Relevant facts emerging during hearing:
Appellant is not present despite notice for hearing. Respondent is present. Appellant sought the above information by filing an RTI application dated 08.10.2013. CPIO vide letter dated 28.10.2013, provided a response seeking exemption u/s 8(1)(e) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; of the RTI Act. FAA vide order dated 06.12.2013, disposed of the appeal affirming the stand of the CPIO. However, he stated that the records could be provided to the wife of late Naresh Kumar Goyal after producing documentary evidence of the relationship with the patient. Respondent reiterated the stand taken in the matter and further submitted that in case the appellant submits documentary evidence being the next to kin/legal heir of the deceased patient, who was admitted to the hospital by his wife, the information can be provided to him. Appellant in his second appeal has mentioned that he is the elder brother of late Naresh Kumar Goyal and the wife of late Naresh Kumar Goyal has already gone to her father’s home after taking all her ornaments and other things as she had required from her father-in-law (appellant’s father). The appellant submitted a copy of the compromise agreement and affidavit signed by the wife of late Naresh Kumar Goyal which shows that she has no further relationship with the family of her father-in-law.
After hearing the respondent and on perusal of the record, the Commission is of the view that even after submission of the above agreement, relationship between the late Naresh Kumar Goyal and his wife does not end. The relationship still exists and she is the legal heir of the deceased husband and if she so desires, she can get the requisite information from the public authority. The information sought by the appellant is third party information and no larger public interest is established. The decision taken by the public authority is upheld. The appeal is disposed of accordingly.
Citation: Shri Arun Kumar Goyal v. All India Institute of Medical Sciences in F.No.CIC/YA/A/2014/000242