Central Information Commission
Mr.Shankar Lal vs Government Of Nct Of Delhi on 3 October, 2011
In the Central Information Commission
at
New Delhi
File No. CIC/AD/A/2011/001843
Date of Hearing : October 3, 2011
Date of Decision : October 3, 2011
Parties:
Appellant
Shri Shankar Lal
S/o Late Shri Bitta Ram
Y10, Mangol Puri,
Delhi 110 083
The Appellant was present in person.
Respondents
Sanjay Gandhi Memorial Hospital
Government of NCT of Delhi,
Mangolpuri,
Delhi 110 083
Represented by: Dr. Arvind Misra, DMS and Dr. M.M. Kohli, HOD
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/001843
ORDER
Background
1. The Applicant filed his RTIapplication dated 21.04.2011 with the PIO, Sanjay Gandhi Memorial Hospital, Delhi, seeking information against14 items all related to medical treatment given by the above hospital to his deceased child, who, according to him, died due to the negligence of one of the doctors, who allegedly had given some wrong injections to his child. The PIO, on 02.06.2011, provided to the Applicant the photocopies of required documents which he had collected from the concerned Sections. The Applicant, however, being dissatisfied with the above set of information supplied to him, filed his 1stappeal with the Appellate Authority (AA) on 13.06.2011 which the AA had apparently not decided. The Appellant thereafter filed the present appeal before the Commission on 19.07.2011 requesting for the disclosure of information. Decision
2. During the hearing, the Appellant identified the following information which he presently wants to receive from the Respondents:
a. Test report in respect of the medicine injected, which the Appellant believes to be the cause of death of his child;
b. Blood Test Report of his deceased child after the alleged reaction--caused by allegedly giving wrong dose of medicine to him;
c. Medical Treatment records of his deceased child;
d. The status (after his child had expired ) of portable XRay Machine installed in the ICU; and e. Copy of XRay report of his deceased child.
3. The above identified request for information was accordingly discussed as given below:
Item a. :
4. The Respondents stated that they have not yet received the report from the Drug Controller.
Considering the seriousness of the matter and in the interest of justice, it is directed that the Drug Controller, within 15 days of receipt of this order, shall submit his report to the PIO, who shall then immediately forward the same (after attestation) to the Appellant. This information should reach the Appellant definitely by 31.10.2011.
The PIO is directed to formally serve a copy of this order to the Drug Controller for him to comply with the above direction.
Item b. :
5. The Respondent stated that they have provided to the Appellant copy of the available blood test reports, which, however, do not indicate the time of testing nor any information about testing of blood after the medicine was administered through injection. . It carries only the date of test. They, therefore, expressed their inability to firmly state the exact timing of the blood test of the Appellant's deceased child. In view of the above, it is directed that the holderoftheinformation shall file a sworn affidavit (duly notarized, stamped & witnessed) before the Commission--with a copy to the Appellant-- mentioning therein the above stated facts. He should also clearly state in the affidavit that the hospital does not hold any other blood test report with respect to the Appellant's deceased child. This affidavit should reach the Commission 31.10.2011 with a copy to the Appellant.
The PIO is directed to formally serve a copy of this order to the officer concerned for him to comply with the above direction.
Item c. :
6. The Appellant complained that the information provided here is not only illegible and unattested, but also has not been sequentially placed.
The PIO is directed to provide to the Appellant a fresh set of attested & legible copies of complete set of medical treatment records of his deceased child to the Appellant by 31.10.11. Item d. :
7. The PIO is directed to give factual information to the Appellant along with the supporting documents. Item e. :
8. A copy of XRay report may be provided to the Appellant in respect of his deceased child.
The information in respect of item c, d & e should be furnished to the Appellant by 31.10.11.
9. The appeal is disposed of with the above directions.
(Annapurna Dixit) Information Commissioner Authenticated true copy (G.Subramanian) Deputy Registrar Cc:
1. Shri Shankar Lal S/o Late Shri Bitta Ram Y10, Mangol Puri, Delhi 110 083
2. Sanjay Gandhi Memorial Hospital Government of NCT of Delhi, Mangolpuri, Delhi 110 083
3. Public Information Officer Sanjay Gandhi Memorial Hospital Government of NCT of Delhi, Mangolpuri, Delhi 110 083
4. Officer in charge, NIC Note: In case, the Commission's above directives have not been complied with by the Respondents, the Appellant may file a formal complaint with the Commission under Section 18(1) of the RTIAct, giving (1) copy of RTI application, (2) copy of PIO's reply, (3) copy of the decision of the first Appellate Authority, (4) copy of the Commission's decision, and (5) any other documents which he/she considers to be necessary for deciding the complaint. In the prayer, the Appellant may indicate, what information has not been provided.