Delhi police and GNCTD failed to provide a viscera report for over two-and-a-half years despite repeated reminders. Such inefficient practices are fertile ground for complete wrongdoing to go scot-free, the CIC noted. This is the 75th in a series of important judgements given by former Central Information Commissioner Shailesh Gandhi that can be used or quoted in an RTI application

The Central Information Commission (CIC), while disposing an appeal, expressed concern over the “absurd state of affairs” where the Delhi police and Government of National Capital Territory of Delhi (GNCTD) could not provide a viscera report for over two-and-a-half years, despite repeated reminders.

While giving this a judgement on 19 November 2010, Shailesh Gandhi, the then Central Information Commissioner said, “In the instant case over thirty months have already elapsed and yet the Viscera Report has not been given in spite of repeated reminders. Such inefficient practices are fertile ground for complete wrong doing to go scot-free.”

Karnal (Haryana) resident KK Sharma, on 5 July 2010, sought clarification as to his wife's death in Batra Hospital, the doctor's role and the post mortem report under the Right to Information (RTI) Act from the PIO of DMC. 

Here is the reply given by the PIO...

1. It is informed that complaint No. 493 of Shri KK Sharma against doctors of Batra Hospital was under consideration of Delhi Medical Council.

2. That the Disciplinary Committee of the Delhi Medical Council has ordered the seeking of the post mortem report from the Police Station, Ambedkar Nagar. In pursuance of the same notice was sent to the SHO, Police Station, Ambedkar Nagar on 26 November 2008 and on 31 December 2008. Two reminders were also sent, one on 20 March 2009 and the other on 12 May 2009. Similar notice was sent to the Joint Commissioner of Police, Southern Range, Delhi Police on 2 July 2009.

3. A letter was sent to the Directorate of Health Services, Govt of NCT of Delhi (GNCTD) dated 29 September 2009 and again a letter was sent dated 27 January 2010 wherein attested copy of the following was requested:

          (a) Post Mortem report No. 304/08 dated 27 March 2008.

          (b) Opinion as to cause of death in respect of Post mortem report No.304/08.

          (c) Viscera analysis report including records of Batra Hospital to          determine the issue of medical negligence as in the absence of the said documents, the Delhi Medical Council is unable to proceed in the matter. As on date of reply of the PIO i.e. on 13/07/2010, the above mentioned documents were not received by the PIO.

The PIO also observed that the queries raised by the applicant in his RTI application are in the nature of grievance redressal which is beyond the scope of the RTI Act in term of section 2(l) and (j) of the said Act.

Not satisfied with the reply, Sharma filed his first appeal. The First Appellate Authority (FAA) while disposing off the appeal, made following observations.

(1) The PlO has rightly observed that all issues which are or may be the subject matter of complaint being under consideration of the Delhi Medical Council and cannot be commented upon by the PlO.

(2) The queries raised by the applicant in his RTI application are in the nature of grievance redressal, which is outside the scope of the RTI Act in term of section 2 (l) and section 2(j) of the said Act.

(3) The information provided to the appellant by the Public Information Officer was based on the information available on the records of DMC and in terms of Section 2(f) and section 2(j) of the Act.

Again not satisfied with the reply from both the FAA and PIO, the applicant (Sharma) filed his second appeal before the CIC.

During the hearing, the Commission observed that the appellant (Sharma) had alleged medical negligence in the death of his wife and filed a complaint in June 2008 to the Directorate of Health Services (DHS). This complaint was forwarded to Delhi Medical Council on 10 June 2008. The Delhi Medical Council set up a Disciplinary Committee to look into the matter. The Disciplinary Committee came to the conclusion that it needed a copy of the viscera report to decide on the issue.

The PIO submitted before the Commission that in spite of repeated efforts the DMC has not been able to get the final cause of death because of the pending viscera report.

He stated that “With reference to your application received in this office on 5 July 2010, on the subject noted above, based on the records available in the office of Delhi Medical Council, it is informed that complaint No493 of KK Sharma against doctors of Batra Hospital is still under consideration of Delhi Medical Council. In the last hearing held in this case on 2 November 2008, the Disciplinary Committee of Delhi Medical Council has directed that efforts be made towards seeking copy of post-mortem report from Police Station at Ambedkar Nagar. In pursuance to the said direction of Disciplinary Committee, a notice was sent to SHO Police Station Ambedkar Nagar on 26 November 2008 and again on 31 December 2008. A second reminder was sent on 20 March 2009 and third reminder was sent on 12 May 2009. A letter in this regard was also sent to Commissioner of Police, Southern Range, Delhi Police on 2 July 2009. The matter was also brought to the notice of Directorate of Health Services, GNCTD on 29 September 2009 and again on 27 January 2010  wherein it was requested that attested copy of (a) Post Mortem report No. 304/08 dated 27.3.2008 (b) Opinion as to cause of death in respect of Post mortem report No. 304/08. (c) Viscera Analysis report, including medical records of Batra Hospital be provided to the office of Delhi Medical Council as the examination of the same are essential for determining the issue of medical negligence and in absence of the said documents, the Delhi Medical Council is unable to proceed in this matter. It is further informed that as on date, the aforementioned documents are still awaited in the office of Delhi Medical Council.”

“It is also observed that all issues which are or may be the subject matter of complaint No. 493 or connected therewith or incidental thereto being under consideration of the Delhi Medical Council cannot be commented upon by the PIO,” he stated.

Mr Gandhi, the then CIC, noted that the PIO was unable to inform the applicant about the final outcome because the Disciplinary Committee could not conclude the matter in absence of the viscera report and the Delhi Medical Council has been pursuing this matter with the Delhi Police and Delhi Government without success.

“The Commission would like to comment that it is an absurd state of affairs that the viscera report is not been supplied for over two-and-half years and endless efforts are being made in this regard. The PIO confirms that normally it should not take more than three months to get the viscera report,” the CIC said.

The Commission then disposed the appeal.

CENTRAL INFORMATION COMMISSION

Decision No.CIC/SG/A/2010/002708/10093

https://ciconline.nic.in/cic_decisions/CIC_SG_A_2010_002708_10093_M_45831.pdf

Appeal No.CIC/SG/A/2010/002708

Appellant                                            : KK Sharma

                                                            Karnal-132001

                                                            Haryana

Respondent                                       : LDS Uppal

                                                            Public Information Officer & Asst. Secretary

                                                            Delhi Medical Council

                                                            3rd Floor, Pathology Block

                                                            Maulana Azad Medical College,

                                                            Bahadur Shah Zafar Marg,

                                                            New Delhi-110002