Indian Kanoon - Search engine for Indian Law

Central Information Commission

Bhoop Singh vs Directorate Of General Of Health ... on 7 September, 2017

                     CENTRAL INFORMATION COMMISSION
                    August Kranti Bhawan, Bhikaji Cama Place,
                               New Delhi-110066

                                          F. No. CIC/DTGHS/A/2017/108729
                                          F. No. CIC/GTBHP/A/2017/175832

Date of Hearing                       :   01.09.2017
Date of Decision                      :   01.09.2017

Appellant/Complainant                 :   Mr. Bhoop Singh
Respondent                            :   Directorate of Health Services
                                          GNCTD
                                          Through:- Mr. Harphool Singh, Mr.
                                          Sunil Kumar, Dr. Sharad verma,
                                          Mr. Devendra Yadav

Information Commissioner              :   Shri Yashovardhan Azad

Relevant facts emerging from appeal:

RTI application filed on              :   30.12.2015   & 08.06.2016
PIO replied on                        :   08.02.2016   & 15.06.2016
First Appeal filed on                 :   11.02.2016   & 04.07.2017
First Appellate Order on              :   09.03.2016
2nd Appeal/complaint received on      :   01.02.2017   & 01.10.2016

Information sought

and background of the case:

CIC/DTGHS/A/2017/108729 The appellant sought information from Directorate of Health Services regarding the Swine Flu (H1N1). In this regard the appellant sought following information:-

1. Details of committee constituted by Govt. of NCT, Delhi to review all Swine Flu deaths for the year 2014-15

2. Copies of Annexure 'A' (comprising of 3 pages) i.e. Influenza A H1N1 cases /death summery Form received all hospitals during the period from 01.11.2014 to 31.03.2015.

3. Review committee (constituted by Govt. of NCT) report for all the case who reviewed all above cases during the period 01.11.2014 to 31.03.2015.

4. List of cases which declared death due to Swine Flu (H1N1) by review committee.

5. List of such cases in which death was not declared due to Swine Flu (H1N1) with review committee comments on account of cases received between 01.11.2014 and 31.03.2015.

The CPIO vide letter dated 08.02.2016 furnished 156 pages of information received from the Addl. Director (PHW-IV) to the appellant. Dissatisfied with response received from CPIO, the appellant filed first appeal. The FAA, DGHS directed the Addl. Director -PH-IV to convey the file no. and date of despatch to CPA so as to enable Director (CPA) to look in to provide photo copy of noting side of whole file to PIO (RTI) DGHS (HQ) within a week for onward transmission to the appellant by PIO (RTI) DGHS (HQ). In compliance of FAO, the PIO replied vide letter dated 11.04.2016. Feeling aggrieved, the appellant approached the Commission.

Relevant facts emerging during hearing:

Both parties are present and appellant has contended that out of the five queries, he specifically seeks information against query number 1 i.e. the order by which the Death Review Committee to review all Swine Flu deaths for the year 2014-15, was constituted and information in the form of the list of cases of death, as sought vide query number 5. Respondent has not been able to substantiate non disclosure of these two replies.

Decision:

After hearing parties and perusal of record, the Commission observes that the approach of the public authority has been insensitive and not desired out of public officials handling issues of public health, specifically in the instant case of death of the appellant's son. The Commission takes a very strict view of such insensitivity of the public officials and warns them to exercise more humanitarian approach.

The Commission hereby directs the Respondent to furnish clear and accurate information against queries number 1 and 5 of the RTIA application, within a week of receipt of this order.

CIC/GTBHP/A/2017/175832 The appellant sought information from Guru Teg Bahadur Hospital regarding the Swine Flu (H1N1) cases since 2009. In this regard the appellant sought following information:-

1. Total number of patients infected from Swine Flu (H1N1) +ve admitted in your hospital during the year 2009-10, 2010-11, 2011-12, 2012-13, 2013-14, 2014-15, 2015-16, year wise.

2. Total death occurred due to Swine Flu (H1N1) +ve in your hospital during the year 2009-10, 2010-11, 2011-12, 2012-13, 2013-14, 2014-

15, 2015-16, year wise.

The CPIO, GTBH, Delhi stated that due to shortage of staff information cannot furnish. Having not received information as sought in RTI Page 2 of 4 application, the appellant filed first appeal. The FAA did not adjudicate in the matter. Feeling aggrieved, the appellant approached the Commission.

Relevant facts Both parties are present and appellant reiterated his case stating that his son a serving doctor contracted Swine Flu while on duty and died. The death and related information were not accurately disseminated by the Respondent and allegedly they were distorted and even the specific orders of the FAA were not complied with by the PIO, who did not furnish information till date. He strongly opposed the Respondent's claim about non-availability of information stating that every death which occurs due to Swine Flu is supposed to be reported to the DGHS, hence it is not possible that no records are maintained in response to his queries. Respondent states that they do not possess the required data and are in the process of collecting and compiling the information sought by the appellant.

Decision:

After hearing parties and perusal of records, the Commission observes complete lack of sensitivity from the conduct of the Respondent. The mental state of a traumatised parent who has lost his young son to a disease he was trying to treat as a doctor is unfathomable. And in such a scenario if the public authorities also conduct themselves equally cruelly, the plight of the victim is worsened. The public health officials and medical practitioners are expected to discharge their duty with more compassion and kindness rather than address issues mechanically.

Accordingly, the Commission hereby directs the Respondent to check with all relevant departments for the information sought by the appellant and in view of the Appellant's submissions, trace the records from the DGHS also. The complete information as sought by the appellant about the death of his son should be obtained from relevant custodian of information and provided by the PIO, GTB Hospital within three weeks of receipt of this order with a copy positively marked to the Commission.

The appeals are accordingly disposed of with the above directions.

(Yashovardhan Azad) Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.

(R.P.Grover) Designated Officer Page 3 of 4 Copy to:-