Rti query on case study
Law Aspire
(Querist) 22 June 2012
This query is : Resolved
Dear Members: Here is a Sample Case Study: Rajaram, a rickshaw-puller, met with an accident and was admitted to a hospital run by a State government. Rajaram is a BPL person eligible for free treatment. The treatment commenced on time, but over a period of a week, Rajaram`s condition worsened. Rajaram`s wife sensed neglect on the part of the doctors, whose visits / rounds had been erratic. Several doses of medicine prescribed for Rajaram could not be administered - on time - because the hospital`s medical store had run out of stock of the required medicine. Finally, in exasperation, Rajaram`s wife, with assistance from a local NGO, filed an RTI application asking for: the stated policy of the hospital for determining the schedule of the doctors` visits / rounds; copies of the register of their visits / rounds for the week that Rajaram had undergone treatment; an account of the medications prescribed for and / or administered on Rajaram by the hospital`s doctors till date; the hospital`s policy on procurement of medicines; and the stock register of the medical store for the past month (with regard to the medicines prescribed for Rajaram). In her RTI application she claimed that the information pertained to Rajaram`s life. The PIO rejected the RTI application saying that giving information about the doctors` visits, their prescriptions etc. can lead to people questioning the doctors` judgment, which can adversely affect their functioning. Therefore, such information is exempted and cannot be given. With respect to the other information sought he added that he belonged to the `Personnel Section` of the hospital and cannot be expected to give information about procurement of medicines which is a duty handled by another Section.
My Query:
Do you think the PIO is right in rejecting the request? Has the PIO failed in discharging his duty in one way or the other? If yes, why? If no, why? Explain, in your own words, with reference to the relevant provisions of the `RTI Act, 2005`. Q.2. The PIO communicated his decision to reject the request on the 4th day after receiving the request / application? Is the PIO right about the timing of his response? Describe all the remedies now available to Rajaram`s wife under the `RTI Act, 2005.
SAINATH DEVALLA
(Expert) 22 June 2012
The case history would be available in the Hospital case sheet of the patient.The ailment,the diagnosis,the medicines prescribed,the visits of the concerned doctors and the medicines administered.( Of course if all these are mentioned in the case sheet periodicaly).The PIO cannot reject the request.If he is not competent enough,he has to forward the request to his superiors,for further action.
Shonee Kapoor
(Expert) 22 June 2012
The PIO is right in such rejection.
The doctor prescribes based on the medical condition of the patient and there can be no set formula for the same.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Sudhir Kumar, Advocate
(Expert) 22 June 2012
