Seeking information regarding alleged medical negligence using RTI
31 Oct, 2012Background
The appellant filed an application under the Right to Information (RTI) Act with the Delhi Police in which he made certain allegations of medical negligence against Kalra Hospital and Bhagat Hospital. A number of queries were raised by the appellant pertaining to allegation of wrong diagnosis in respect of a lady patient by these two hospitals. He also sought the action taken on the complaint filed by him before the SHO of Kalra Hospital and Bhagat Hospital. The Public Information Officer (PIO) informed that most of the queries raised by the appellant did not come within the ambit of information as defined under section 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; of the RTI Act. He informed the appellant that after the enquiry, the said complaints have been recommended to be filed as no police action was warranted. The PIO requested the appellant to obtain a copy of the enquiry report after depositing the requisite fee.
Proceeding
During the hearing before the Central Information Commission (CIC), the respondent submitted that the Delhi Medical Council (DMC) which is the appropriate forum for taking up cases for medical negligence has also held that prima-facie no case of medical negligence is made out in the treatment administered to that patient at Bhagat Hospital and Kalra Hospital.
View of CIC
The Commission observed that information as per record can only be provided to the appellant under the RTI Act. The Commission rejected the appeal stating that the queries in the RTI application were in the nature of seeking reasons and explanations from the respondent which was not fall within the ambit of information as defined under section 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; of the RTI Act.
Citation: Mr. S.P. Singh v. Delhi Police in Case No. CIC/SS/A/2012/001425
RTI Citation : RTIFI/2012/CIC/764
Click here to view original RTI order of Court / Information Commission