Medical records & postmortem reports of two employees of BHEL were sought on behalf of a labour union - CIC: The Right to Information is available only to citizens of India; an applicant cannot file an RTI application on behalf of a trade union
This matter pertains to an RTI application dated 14.6.2013 filed by the Appellant, seeking information on seven points regarding medical records and postmortem reports in respect of two persons. Not satisfied with the response of the Respondents, he filed second appeal to the CIC, which was received by the Commission on 25.1.2014.
2. Advocate V. Sivagnanmoorthy stated that information was not provided to the Appellant in response to points No. 5 and 6 of his RTI application. In response to our query, he also stated that the Appellant had sought the information on behalf of a labour union because the two persons mentioned above were employees of the public authority. The Respondents stated that the copy of the case sheet regarding the treatment given to Shri Saravanan in Vellore CMC Hospital is not available on their records. They further submitted that no postmortem on late Shri Saravanan was conducted at CMC Vellore. Therefore, it was stated in response to points No. 5 and 6 that the information was not available.
3. We have considered the records and the submissions made by both the parties before us. It is noted that under Section 3 of the RTI Act, the Right to Information is available only to citizens of India and an applicant cannot file an RTI application on behalf of a trade union. In the instant case, the Appellant filed the RTI application as an individual and it had to be dealt with accordingly. He sought information regarding the treatment of and postmortem reports concerning two employees of the public authority. In response to our query, the Respondents informed us during the proceedings that he did not submit an authorization from the families of the above mentioned persons to get information regarding their medical treatment etc. Therefore, in our view, the public authority was wrong in providing him such information as has already been given. With regard to points No. 5 and 6 of the RTI application, it is noted that the Respondents have already informed the Appellant that the information is not available. In any case, even if it were available, it could not have been given to the Appellant because of the factors mentioned above.
3. In view of the foregoing, we find no substance in this appeal and it is dismissed.
4. Copies of this order be given free of cost to the parties.
Citation: Shri G. Raghavalu v. Bharat Heavy Electricals Ltd., in File No. CIC/SH/A/2014/000359