Details of probe into medical lapses in the death of former Chief Justice of India were sought - CIC: medical bill are exempt u/ 8(1)(j) - CIC: Facility provided by govt. to a hospital is out of public funds; provide details of facilities given to Medanta

Details of probe into the medical lapses in death of former Chief Justice of India were sought - CIC: information relating to the medical bill of any person cannot be disclosed to third parties being exempt u/ 8(1)(j) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. - CIC: Any facility provided by the government to any hospital is out of public funds; provide details of facilities provided to the Medanta Hospital

Information sought:

The appellant had sought information on 12 points regarding probe into the medical lapses in death of former Chief Justice of India.

Relevant facts emerging during hearing:

Both parties are present. The appellant filed an RTI application on 18.09.2013 seeking information on 12 points regarding probe into the medical lapses in death of former Chief Justice of India. PIO/ PMO transferred RTI application to Ministry of health and Family Welfare (MOHFW) for providing information on point no. 5 to 9. PIO/OMHFW gave point-wise reply on 09/10/2013 and denied information on point no. 6 to 8 stating no such information is available. The First Appellate Authority vide order dated 19/11/2013 upheld the decision of PIO with observation that the CPIO is bound to give only that information which is available with him under the RTI Act 2005. Appellant stated that PIO denied the information on point no 5 & 6 by stating that information relating to hospital-bills and the person/body who paid the said bill is not available with the ministry. If the information is not available with the PIO, then it may be provided after procuring the same from Medanta Hospital under provision of section 2 (f) of RTI Act. Appellant further stated that PIO in response to query numbers 7 & 8 replied that sought information was not available in the ministry. If the said information is not available with them then it must be transferred to the concerned Public Authority under section 6 (3) of the RTI Act. Respondent stated that information available on records have already been provided to the appellant. PIO is bound to give only that information which is available with him under the RTI Act.

Decision:

The Commission notes that information sought on point no. 5 & 6 is in relation to medical bills that falls under the exemption clause of section 8(1)(j) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. of the RTI Act. The information relating to the medical bill of any person cannot be disclosed to third parties being exempt under section 8(1)(j) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. of the RTI Act unless the seeker of information is able to show larger public interest to justify the disclosure. In the instant case, the appellant has not been able to show any larger public interest. Accordingly, the Commission is not in a position to allow disclosure of information sought on point no. 5 & 6 of the RTI application. Information sought on point no. 7 & 8 relates to the facilities provided by the Government to the Medanta Hospital. Any facility provided by the government to any hospital is out of public funds. Public funds are those funds which are collected by the state from the citizens by imposition of taxes, duties, cess, services charges, etc. These funds are held by the state in trust for being utilized for the benefit of the general public. Every citizen is entitled to know as to how the money, which is collected by the State from him by taxation, has been utilized. The Commission directs the respondent to provide specific reply to the appellant, within three weeks of receipt of the order, in relation to the query on facilities provided by the Government to the Medanta Hospital and if information sought does not pertain to them or similar information can be made available by any other public authority then transfer the RTI Application to concerned public authority under section 6 (3) of the RTI Act, under intimation to the Commission. It is also open to the PIO to seek assistance of any other officer as he or she considers it necessary for providing information under section 5 (4) of the RTI Act. The Appeal is disposed of accordingly.

(Yashovardhan Azad)

Information Commissioner

Citation: Shri S.C. Agrawal v. Ministry of Health & Family Welfare in F.No.CIC/YA/A/2014/000104