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RTI Corner

Key RTI rulings, CIC decisions and what they mean for citizens — archived by date.

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May 2022 3 posts

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Monday, 30 May 2022

Examination of male patient by a female doctor

The Complainant stated that his Ultrasonography (USG) Chest was done in Base Hospital Delhi Cantt. At that time, there were two lady doctors only in the dark room, one was from army and the other was the doctor who did his USG Chest. During USG, both these female doctors did not call any male attendant and his USG was performed in absence of a male attendant. In this connection, the complainant sought the information about whether two lady doctors can do ultrasound test of a male patient alone in any military hospital in USG room in absence of a male attendant and the relevant rules. The CPIO informed that only such information can be provided which is available and existing. The CIC noted that the application consists of questions rather than information as defined in the RTI Act and therefore, upheld the reply of the CPIO.
Comments
Technically, the order is legal and proper as the information about the rules which exist can only be provided. As per law, whenever a male doctor examines a female patient, it should be in the presence of a female attendant. However, there are no specific guidelines regarding the reverse situation - examination of a male by a female doctor.
Citation: Manjeev Singh v. IHQ of MoD Army and Base Hospital, Delhi Cantt in File no.: - CIC/ARMHQ/C/2021/654211, Date of Decision: 26.04.2022
Dr. Anuradha Verma (dranuradhaverma@yahoo.co.in) is an expert on RTI matters and has co-authored the books RIGHT TO INFORMATION - LAW AND PRACTICE and PIO’s guide to RTI. Apart from her weekly article here, her other articles can be read at the website of RTI Foundation of India at the link: www.rtifoundationofindia.com
Monday, 16 May 2022

Creation of information about lapsed policies

Appellant sought details regarding number of lapsed policies and amount involved in the early stages of the policy such as after the payment of first premium, first year premium etc. The PIO of LIC contended that the information sought by the appellant does not exist as a record as defined under section 2 (i) of the RTI Act. The requested information will have to be created by 2048 Branches of LIC spread all over India and then to be collected and collated and compiled merely to reply to the RTI queries of the appellant. It will disproportionately divert the limited resources of the Corporation, which is strictly forbidden under section 7 (9) of the RTI Act. The CIC held that the queries of the appellant are non-specific, unclear as information related to all the lapsed policies and seeking such voluminous data is not maintainable under the provisions of the RTI Act. The CIC noted that the LIC has provided a categorical reply vide their written submission dated 06.04.2022 which clarifies some of the issues raised in the RTI Application and upheld the same. Further, the CIC admonished the LIC for not providing the specific reply ab initio as per their written submission and cautioned them to be more diligent in future while dealing with the matters related to the RTI Act..
Comments
The PIO is not expected to compile information under the RTI Act. Further, the initial reply to the RTI Application should be proper as the onus of denial of information is on the PIO.
Citation: Mr. Ajamuddin Taher Khairatkhan v. Life Insurance Corporation of India in Second Appeal No. CIC/LICOI/A/2020/680978, Date of order: 21.04.2022
Dr. Anuradha Verma (dranuradhaverma@yahoo.co.in) is an expert on RTI matters and has co-authored the books RIGHT TO INFORMATION - LAW AND PRACTICE and PIO’s guide to RTI. Apart from her weekly article here, her other articles can be read at the website of RTI Foundation of India at the link: www.rtifoundationofindia.com
Monday, 2 May 2022

Interpretation of FR 56

Information was sought about pension and interpretation of FR 56 various Ministries for individuals who are born on the 1st in the afternoon of the preceding date and retiring. The Commission remarked upon a perusal of the facts on record that the Appellant has placed the facts of the case on record in an extremely cumbersome manner and having perused the records of 4 other similar cases being heard simultaneously with this case, it is evident that through his RTI Applications, the Appellant is in a habit of narrating grievances and seeks for information as a passing reference which the CPIO cannot be expected to deduce and interpret to his satisfaction. The CIC observed that the PIO, in his wisdom, has interpreted certain queries in the RTI Application and provided some information which is in conformity with the spirit of the RTI Act. Taking a liberal view in the case, the CIC directed the PIO to revisit the queries, and provide any additional information that may be available to the Appellant, free of cost.
Comments
Many PIO face RTI Applications where the applicant keeps on describing a situation over a number of paragraphs and somewhere hidden amidst it, is a query. It is advisable to have an open mind in all such applications and not miss the request seeking the information in the heap of words.
Citation: Gopal Krishan v. Department of Pensions & Pensioner’s Welfare in File No: CIC/DP&PW/A/2021/106830, Date of Decision: 30/03/2022
Dr. Anuradha Verma (dranuradhaverma@yahoo.co.in) is an expert on RTI matters and has co-authored the books RIGHT TO INFORMATION - LAW AND PRACTICE and PIO’s guide to RTI. Apart from her weekly article here, her other articles can be read at the website of RTI Foundation of India at the link: www.rtifoundationofindia.com