Prem Kaur vs Sanjay Gandhi Memorial Hospital on 22 March, 2021

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Central Information Commission

Prem Kaur vs Sanjay Gandhi Memorial Hospital on 22 March, 2021

Bench: Heeralal Samariya

                               के न्द्रीय सूचना आयोग
                       Central Information Commission
                               बाबागंगनाथमागग, मनु नरका
                          Baba Gangnath Marg, Munirka
                          नई निल्ली, New Delhi - 110067

 नितीय अपील संख्या / Second Appeal No.:    CIC/SNGMH/A/2019/147552

 Prem Kaur                                                   .....अपीलकर्ता/Appellant

                                    VERSUS/बनतम
 PIO,
 Deputy Medical Superintendent & PIO,
 Office of the MedicalSuperintendent,
 Sanjay Gandhi Memorial Hospital (Government
 of NCT of Delhi), MangolPuri, Delhi-110083.
                                                             ...प्रतर्वतदीगण/Respondent

Relevant facts emerging from appeal:

  RTI application filed on           :    26-03-2019
  CPIO replied on                    :    01-04-2019
  First appeal filed on              :    18-04-2019
  First Appellate Authority order    :    04-06-2019
  Second Appeal received at CIC      :    30-09-2019
  Date of Hearing                    :    22-03-2021
  Date of Decision                   :    22-03-2021


                  lwpuk vk;qDr:                             Jh हीरालाल सामररया
                Information Commissioner :                Shri HeeralalSamariya

 Information sought

The Appellant sought information regarding provide the copy of MLC dated 08.01.2010 and detail of patient treatment (including X-Ray Report).

PIO/DMS, Govt. of NCT of Delhi, furnished reply to the Appellant vide letter dated 01-04-2019 stating that:

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Dissatisfied with the reply received from the PIO, the Appellant filed a First Appeal dated 17-04-2019. The FAA vide order dated 04-06-2019 held that :

Grounds for Second Appeal:

The PIO has not provided correctinformation to the Appellant.

Relevant Facts emerging during Hearing:

The following were present: -

Appellant: Represented by her son (Mr. Varinder Pal Singh) Respondent: Dr. M Das, PIO &Deputy Medical Superintendent& PIO, Office of the MedicalSuperintendent, Sanjay GandhiMemorial Hospital, present in person.

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Rep. of the Appellant stated that relevant information has not been provided till date. He further submitted that relevant information sought pertains to the MLC report of the Appellant herself and same must be provided.

Written submissions have been received from FAA/Medical Suptd.,Sanjay GandhiMemorial Hospital (Governmentof NCT of Delhi), vide letter dated 10.03.2021, as under:

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Decision:

Commission has gone through the case records on the basis of proceedings during hearing finds it pivotal to quote one of the Commission's erstwhile decision in Punit Vyas vs. CPIO, Safdarjung Hospital and VMCC (: MANU/CI/0514/2017, this bench examined the nature of Medico Legal Examination report and issue of its accessibility under the RTI Act. The ratio reproduced herein:

8. The moot question, thus, is whether the accused or complainant has an absolute & unqualified right to receive a copy of MLC reports of self or each other? The irresistible answer that flows from the reading of aforesaid provisions is NO. MLC report is a part of evidence which forms part of report under Section 173 CrPC.

Section 173(6) gives discretion to the Police officer to request Magistrate for redaction of any part of final report. Also the expression occurring in Section 173(7) 'finds it convenient so to do' leaves no room for doubt that the Investigation officer is not under an absolute obligation to furnish the report under Section 173 to the accused before the Magistrate has taken cognizance of any offence on the basis thereof.

9. Thus, the Commission finds that the MLC report is a classified document which cannot be made public before the stage of preparation and acceptance of final report under Section 173 CrPC. Generally, in hands of the Investigation officer or Police, the MLC report shall remain exempt from disclosure till stage of filing of report u/s. 173 CrPC under clauses (g) & (h) of Section 8 the RTI Act if the considerations stipulated in the respective clauses are met.

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10. After the MLC records are transmitted to Police by Doctor/Hospital, the former becomes the custodian of information for the purposes of RTI Act. Even if, a copy of the MLC record is retained with the Doctor/Hospital, the same does not render the Hospital a custodian of record. The MLC records so prepared are akin to a professional advice tendered by the medical professional under a relation of trust with Police/investigative agency. The record is thus retained by the Hospital/Doctor in fiduciary capacity. It is further settled position of law that what cannot be achieved directly cannot be secured indirectly. Thus, in hands of the Doctor/Hospital, MLC records remain exempt per se under clause (e) of Section 8(1) of the RTI Act unless larger public interest warrants disclosure of such information.

Adverting to the supra, Commission observes that no relief is warranted in the matter.


                      The Appeal is disposed of accordingly




                                                Heeralal Samariya (हीरालाल सामररया)
                                            Information Commissioner (सच      ु )
                                                                       ू ना आयक्त

Authenticated true copy
(अभिप्रमाभित सत्याभित प्रभत)

Ram Parkash Grover (रतम प्रकतश ग्रोवर)
Dy. Registrar (उप-पंजीयक)
011-26180514




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