Central Information Commission
Raghuram Shanmugasundaram vs National Institute Of Mental Health & ... on 9 April, 2021
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या/Second Appeal No. CIC/NIMNS/A/2018/637328
Shri Raghuram Shanmugasundaram ... अपीलकता/Appellant
VERSUS/बनाम
PIO, Medical Supdt. ... ितवादीगण /Respondent
National Inst. of Mental Health & NEURO
Sciences, HOSUR Road, Bangalore - 560029
Through: Sh. Karunakara Gandhi - Legal
Assistant
Date of Hearing : 07.04.2021
Date of Decision : 09.04.2021
Chief Information Commissioner : Shri Y. K. Sinha
Relevant facts emerging from appeal:
RTI application filed on : 05.10.2018
PIO replied on : -
First Appeal filed on : 06.11.2018
First Appellate Order on : -
2ndAppeal/complaint received on : 20.12.2018
Information soughtand background of the case:
The Appellant filed an RTI application dated 05.10.2018 seeking inspection and certified copies of information, reports of Master. Tarun Raghuram (UHID 20160073361) in the capacity of father and legal guardian on following 7 points:
1. Profile of Master. Tarun Raghuram (UHID 20160073361) as recorded in the e-Hospital/ Hospital management system. Please provide the report/ screenshot direct from the system.
2. Details of referral history of Master. Tarun Raghuram (UHID 20160073361) as recorded in the e-Hospital/Hospital management system.
3. Complete datewise information on Admission/ Registration, Follow-up visits including date, time and duration of each of visits and discharge information of Master. Tarun Raghuram (UHID 20160073361) as recorded in the e-Hospital/ Hospital management system. Please Page 1 of 3 furnish the details for each of the dates separately. Please provide the report/screenshot direct from the system.
4. The names and MCI/KMC registration numbers of all the doctor(s) who have treated/consulted with Master. Tarun Raghuram (UHID 20160073361) during each of the visits as recorded in the e-Hospital/ Hospital management system. Please furnish the details for each of the dates separately.
5. The MCI or KMC registration numbers of each of those doctors who have treated/consulted with Master. Tarun Raghuram (UHID 20160073361) as recorded in the e-Hospital/Hospital management system.
6. Diagnoses, Prognoses, medical notes and narratives, prescriptions and therapy recommended/administered to with Master. Tarun Raghuram (UHID 20160073361) as recorded in the e-Hospital/Hospital management system. Please furnish the details for each of the dates separately. Please provide the report direct from the system.
7. Audit Trail of the above mentioned reports/records from the e-
Hospital/Hospital Management system.
Having not received any reply from the PIO, the Appellant filed a First Appeal dated 06.11.2018 which was also not adjudicated by the First Appellate Authority. Therefore, the Appellant approached the Commission with the instant Second Appeal. The Appellant has annexed two decisions of erstwhile Information Commissioners to lay emphasis on the fact that a biological father of a child cannot be considered as a third party, when information pertaining to the welfare of the child is sought by the father.
Facts emerging in Course of Hearing:
A written submission has been received from the Appellant vide letter dated 31.03.2021, reiterating the above contentions. The Appellant has further mentioned that vide envelope dated 13.02.2019, an unsigned and undated response was sent by the Respondent, copy whereof has been submitted by the Appellant.
In order to ensure social distancing and prevent the spread of the pandemic, COVID-19, hearings through video conference were scheduled after giving prior notice to both the parties. Both parties are heard through video conference and Appellant clarified that though he holds joint custody of his child, the Respondent initially denied disclosure of any information, without any justification. He further stated that subsequently, an undated and unsigned reply was sent by the Respondent vide an envelope dated 13.02.2019, which did not contain the annexures mentioned therein. Respondent claimed that a reply dated 18.12.2018 was sent to the Appellant, which was sent once again on 07.02.2019, in an envelope which has post mark of 13.02.2019. The Respondent sought time and placed the relevant reply on record for perusal of the Commission.
Page 2 of 3Decision:
The reply dated 18.12.2018 has been received from the Respondent, which reveals that the reply to the RTI application dated 05.10.2018 was forwarded by the Department of Child and Adolescent Psychiatry, NIMHANS to Medical Superintendent, NIMHANS, Bangalore vide letter dated 05.11.2018.
Perusal of the above document reveals that the reply sent by the Respondent suffers from multiple deficiencies. Firstly, the reply was sent to the Appellant belatedly without any justification for the delay. Secondly, the reply was an unsigned letter and did not contain the enclosures mentioned therein. Thus it was an incomplete and time barred communication.
Thus, the Respondent is hereby directed to furnish:
i) a duly signed and comprehensive reply, containing complete information and duly supported by the relevant annexures to the Appellant.
ii) The Appellant has also sought inspection of the relevant records in his RTI application, which may be granted by the Respondent, in terms of provisions of the RTI Act.
It is further directed that the Respondent shall submit a compliance report before the Commission with respect to the above two directions with necessary proof of service by 15.05.2021, failing which appropriate penal action shall be initiated as per law.
iii) the Respondent must further submit a cogent explanation before the Commission by 15.05.2021, providing the reasons for furnishing an unsigned, delayed and incomplete reply to the Appellant, in contravention of the provisions of the RTI Act and why no penal action should be initiated against the Respondent for violation of provisions of the Act.
The appeal is disposed off with the above directions.
Y. K. Sinha (वाई. के . िस हा) Chief Information Commissioner (मु य सूचना आयु ) Authenticated true copy (अिभ मािणत स ािपत ित) S. K. Chitkara (एस. के . िचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 of 3