Central Information Commission
Ajay vs All India Institute Of Medical Sciences on 20 February, 2019
CENTRAL INFORMATION COMMISSION
August Kranti Bhawan, Bhikaji Cama Place,
New Delhi-110066
F. No. CIC/AIIMS/C/2017/122250
F. No. CIC/AIIMS/A/2017/133557
Date of Hearing : 16.08.2017
Date of interim Decision : 16.08.2017
Date of Final Decision : 13.11.2017
Appellant/Complainant : Mr. Ajay
Respondent : AIIMS, Administration Department
Through:- Dr. Raka Jain and Dr. R
K Chadda
Information Commissioner : Shri Yashovardhan Azad
Relevant facts emerging from appeal:
RTI application filed on : 28.01.2017
PIO replied on : 10.02.2017
First Appeal filed on : 20.03.2017
First Appellate Order on : -
2 Appeal/complaint received on
nd : 03.04.2017
Since both the above cases arise out of the same RTI application, both
cases are clubbed for the convenience of adjudication and to avoid
multiplicity of proceedings.
Information soughtand background of the case:
CIC/AIIMS/C/2017/122250 CIC/AIIMS/A/2017/133557 Vide RTI application dated 28.01.2017 addressed to AIIMS, the appellant sought certified copies of case history records, diagnosis reports, prescriptions, consultations, medications, suggested diet etc. and disease to which Smt. Rohini Narayan was diagnosed. The Nodal CPIO, Administrative Officer, transferred the RTI application to the Professor & CPIO, Department of Psychiatry vide letter dated 10.02.2017.
The CPIO, Department of Psychiatry replied as under:-
"............application is unclear as there is no mention of the hospital and the department under which the patient was being treated or the diagnosis of the patient."
Dissatisfied with response received from CPIO, the appellant filed first appeal. Feeling aggrieved as did not get information, the appellant approach the Commission.
Relevant facts emerging during hearing:
Both parties are present for hearing. Both cases are converted into appeal for the purpose of efficacious adjudication of the same. Appellant states he was married under misrepresentation wherein it was concealed that his wife is a patient of paranoid schizophrenia, which came to light after lapse of two and a half months of marriage. He has sought information regarding his wife accordingly and his marriage is now pending dissolution before the Court. He has sought to know the medical condition and possibility of curability of his wife, gravity of her illness etc. Respondent reiterates their reply and states that no First Appeal was received by him. Neither any response was received from appellant to the CPIO reply. Appellant clarifies that he had provided the response to CPIO's reply in the form of his First Appeal, which was not received by the Respondent. Upon seeing the appellant's records the PIO states that the documents reveal that records are older than a decade and the patient does not seem registered and hence the information may not be available.
Interim Decision:
After hearing parties and perusal of record, the Commission directs the appellant to submit within a week of receipt of this order, a comprehensive application indicating the entire background chronologically and the Respondent is directed to respond two weeks thereafter to the said application providing the information which can be disclosed within purview of the RTI Act. Copies of the submissions exchanged shall be submitted before the Commission.
Order reserved.
Final Decision:
Pursuant to the aforesaid decision, the Commission is in receipt of submissions dated 31.08.2017, received on 05.09.2017. The appellant has in his submissions narrated chronologically that since 04.05.2005 his wife (Ms. Rohini Narayan) had been suffering from Paranoid Schizophrenia and had been undergoing regular treatment from Dr. Sagar, of AIIMS. This fact was concealed from the appellant before or during his arranged-marriage with Ms. Rohini on 01.06.2009. On 28.01.2010, Ms. Rohini Narayan went missing from her marital home which was duly reported to the police and subsequently on 17.03.2010, she gave birth to her child. On 19.04.2010, the appellant herein filed a petition seeking annulment of the marriage and as a counter attack, on 27.08.2015 the appellant's wife filed complaints of Domestic Violence against the appellant and his family members. From the submissions of the appellant it transpires that his wife subsequently had to withdraw her complaints, since the grounds were found flimsy and frivolous. The appellant has marked a copy of his submissions dated 31.08.2017 to the Respondents as well, hence presumably the same should have reached them long back.
However, despite clear and categorical directions of this Commission to the Respondent for a suitable reply to be filed in two weeks after receipt of the appellant's submissions, no response has been received so far from the Respondents. Under the circumstances, it appears that the Respondents have nothing to aver.
This is a case where the appellant has sought information in the form of medical case history, prescriptions etc. since 01.01.2001 till date, relating to his (now estranged) wife. Since she was undergoing treatment at AIIMS, he has sought the information therefrom. The Commission appreciates that information about someone's medical history constitutes personal information and cannot be divulged to a third person without consent from the patient in question. However, this a peculiar case wherein pivotal information about the mental health of his spouse-to-be(then) was concealed from the appellant before or during his marriage negotiations and the marriage was solemnised by misrepresentation. Thus the marriage itself became voidable as per express provisions of the Section 12 of the Hindu Marriage Act, 1955 which reads as under:
"....12. Voidable marriages.-
(1) Any marriage solemnized, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:-
(a) that the respondent was impotent at the time of the marriage and continued to be so until the institution of the proceedings; or
(b) that the marriage is in contravention of the condition specified in clause (ii) of section 5; or
(c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner is required under section 5, the consent of such guardian was obtained by force or fraud; or ........................................................................"
Emphasis supplied On these grounds, the appellant appears to have instituted a petition for annulment of his marriage.
Considering the peculiar facts of the case at hand, the Commission hereby directs the Respondent to seek consent of the Third Party in terms of provisions of the section 11 of the RTI Act and thereafter provide relevant information about medical case history involving the disease, treatment meted so far to the patient-Ms. Rohini Narayan, stage of treatment, possibility of cure, possibility of transfer of the disease to progeny etc. to the appellant. A compliance report pertaining to these directions shall be submitted by the Respondent by or within 20th December 2017, failure whereof will attract appropriate legal action to be initiated against the PIO- AIIMS.
(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 Copy to:-
AJAY Central Public Information House No.-608, POCKET-B, Officer under RTI, PHASE-2, METRO VIEW Dr. Lalit Oraon-Admin. Officer APARTMENT, SECTOR-13, & CPIO, All India Institute
DWARKA, NEW DELHI-110078. of Medical Sciences, Delhi,New Delhi Administration Department, Ansari Nagar, New Delhi-
110029.
Central Public Information Officer, First Appellate Authority under Prof. (Dr.) Raka Jain-NDDTC & RTI CPIO, All India Institute of All India Institute of Medical Medical Sciences, Department Sciences, Department of of Psychiatry, National Drug Psychiatry, National Drug Dependence Treatment Centre, Dependence Treatment Centre,
Ansari Nagar, New Delhi-110029. Ansari Nagar, New Delhi-
110029.