Central Information Commission
Mr.Piyush Saxena vs Ministry Of Health And Family Welfare on 12 March, 2013
CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No.CIC/LS/A/2013/000504
Appellant Shri Piyush Saxena
Public Authority RML Hospital, New Delhi.
Date of hearing 12.03.2013
Date of decision 12.03.2013
Facts :-
Heard today dated 12.03.2013. Appellant not present but is represented by Shri Manish Chawla. The Hospital is represented by Dr. S.M. Deshpande, CPIO and Dr. A.K. Sen(Appellate Authority).
2. It is noticed that vide RTI application dated 4.9.2012, the appellant had sought the following information :-
"(a) Have you read the contents of the book - with special reference to Chapter 14, 'Nirvana', devoted to nirvana, as also page nos. 148 and 149 as mentioned in our letter ? Yes/No
(b) Have you watched the enclosed DVD ? Yes/No
(c) Do you agree that nirvana (voluntary castration) is different from emasculation ? Yes/No
(d) Do you agree that nirvana (voluntary castration) is different from MtF SRS ?
Yes/No
3. The CPIO had responded to it vide letter dated 21.9.2012 wherein she had mentioned that information sought by the appellant was already available in public domain.
4. However, in the appeal memo filed before this Commission, the appellant has contended that requisite parawise information has not been supplied to him in the format in which he had requested for it. He, however, clarifies that he has received information regarding paras (a) and (b) from the Ministry of Health and that he will be satisfied if paras
(c) & (d) are responded to by the CPIO. To this, Dr. Deshpande would respond that the appellant had sought the CPIO's opinion on these queries which she is not obliged to respond to under the RTI regime. However, she has no objection to give references to the medical literature in which the issues raised in these paras have been dealt with.
5. In the premises, Dr. Deshpande is hereby directed to give references of the medical literature to the appellant in 05 weeks time dealing with the issues raised in paras (c) & (d). Besides, she will also check whether the Ministry of Health & Family Welfare or DGHS has issued any guidelines regarding Sex Realignment Surgery. If any such guidelines have been issued by any of the authorities accessible by the CPIO, the same may also be supplied to the appellant.
4. Let a copy of this order also be sent to Deputy DG(P), Dte. GHS for intimating the appellant as to whether any such guidelines have been formulated.
Sd/-
( M.L. Sharma ) 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.
( K.L. Das ) Deputy Registrar Address of parties :-
1. The CPIO, Dr. Ram Manohar Lohia Hospital Psychiatry Deptt;
New Delhi.
2. Dr. Piyush Saxena, 5/1202, NRI Complex, Nerul(W), Navvi Mumbai-400706.
3. Deputy DG(P), Dte. GHS, New Delhi.