Enquiry regarding death of a patient during treatment
The appellant filed an application under the Right to Information (RTI) Act with the Delhi Police seeking information on some queries about his wife who expired in Batra Hospital during treatment. The Public Information Officer (PIO) provided some information. The First Appellate Authority (FAA) held that the PIO can provide only that information which is available on record and that he had already done so. The FAA further stated that the appellant may have grievances but the forum to address such grievance is not the FAA under the RTI Act.
During the hearing before the Central Information Commission (CIC), the appellant pointed to the Delhi Medical Council testimonial that report on viscera for contrast dye has not been furnished as per Post Mortem report. The appellant also submitted that in response to another RTI application, the DCP had informed him that in this case, the examination of ‘contrast dye’ is required. The appellant requested that since FSL, Ahmedabad has not given report on ‘contrast dye’, he wants to know from the respondent whether the viscera is again being sent for ‘contrast dye examination’, and if so to which FSL.
View of CIC
The Commission held that the FAA instead of providing information to the appellant has simply advised that the RTI Act was not the forum for redressal of grievances. The Commission remitted the matter back to the First Appellate Authority (FAA) with the direction to provide complete information to the appellant including a report on the present status of the case.
Citation: Mr. Krishan Kumar Sharma v. Delhi Police in Case No. CIC/SS/A/2012/0004
RTI Citation : RTIFI/2013/CIC/939
Click here to view original RTI order of Court / Information Commission