Central Information Commission
Mrprem Shankar vs Gnctd on 15 June, 2015
CENTRAL INFORMATION COMMISSION
(Room No.315, BWing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi 110 066)
Prof. M. Sridhar Acharyulu (Madabhushi Sridhar)
Information Commissioner
CIC/SA/A/2015/000148
Prem Shankar v. Guru Teg Bahadur Hospital
Important Dates and time taken:
RTI: 17.07.2014 Reply: 12.08.2014 Time: 26 days
FAA: 16.09.2014 FAO: 25.11.2014 Time: 70 days
SA: 28.01.2015 Hearing: 27.05.2015 Decision:15615
Result: Disposed of with direction.
Parties Present:
1. Appellant is represented by Shri H. S. Singh, Advocate. Public authority is represented by
Dr. Rajendra Kumar Chopra, Medical Officer.
Facts:
2. Appellant sought to know, whether there was any mental pressure for issue of MLC No B 2795/2013, reasons for no. of cuttings in MLC, precautions taken by department at the time of issuing of MLC etc. CPIO on point no 1 to 8 replied that information not pertain to them, on point no. 9 replied that patient was not admitted, he was only treated on accident & emergency case on 14.7.2013. FAA directed the PIO/CCMO to provide information on point no 5, 6, 7. On non compliance of FAA order, appellant approached the Commission.
Decision:
3. Counsel for appellant submitted before the Commission that his son was accused of causing simple hurt and the Medico Legal Report initially also shown the same but latter on there was overwriting in the MLC wherein "simple hurt" was replaced with "grievous hurt". Appellant has questioned the credibility of the MLC because of this overwitting in it. On the basis of that over writing in the MLC, investigation officer charged his son for causing grievous hurt under section 308 of IPC, a nonbailable offence. As it is a case of physical assault, nature of injury matters a lot, in deciding nature of crime & sentence.
4. Counsel submitted that on 17.7.2014 RTI was filled, to know is there any guidelines for doctors in preparing and correcting the Medico Legal Reports. Despite several reminders, there was no reply to his RTI application.
5. Counsel for appellant further submitted that if doctors have different opinion, they should mention the same by issuing a new MLC instead of rewriting over MLC.
6. Officer representing respondent authority stated that information has already been provided on 25.2.2015 and also presented the proof of dispatch before the Commission.
7. Having heard the submission and after perusal of records, Commission directs the respondent authority to provide certified copy of guidelines being followed by Doctors regarding MLC, within 21 days from the date of receipt of this order, failure will result in initiation of penalty proceeding against them.
8. The Commission requires public authority to inquire into this "overwriting" to fix responsibility and submit a report within a month from the date receipt of this order.
9. The appeal is disposed of accordingly.
(M.Sridhar Acharyulu) Information Commissioner Authenticated true copy (Babu Lal) Deputy Registrar Addresses of the parties:
1. The CPIO under RTI, Guru Teg Bahadur Hospital, O/o Medical Supdt., GNXTD, Shahdara, Delhi (RTI Branch).
2. Shri Prem Shankar, H. No. B36, Jagat Puri, Delhi110051.