1) The wife of a person undergoing treatment for a psychiatric problem applies to the PIO of a government hospital, treating the patient, to give details of the treatment given, medicines prescribed etc. The PIO refuses to provide with the medical records citing that they contain personal information and, hence, are exempted under S. 8(1) of the RTI Act. Aggrieved by the decision of the PIO, the wife appeals to the FAA requesting to furnish the information as she thinks that there has been medical negligence / wrong diagnosis on the part of the hospital. The PIO consults the Chief Doctor who says that the information need not be given..
My Questions 1. (a) Should the Appellate Authority notify the husband before taking a decision? Justify your answer in the context of stipulations of the `RTI Act, 2005`.
2. (b) Should the Appellate Authority find the reason for asking information in such cases? What does the `RTI Act, 2005` say about this?
