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CENTRAL INFORMATION COMMISSION August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066

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CENTRAL INFORMATION COMMISSION August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066 CENTRAL INFORMATION COMMISSION August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066 F. No.CIC/YA/A/2016/002113 Date of Hearing : 05.05.2017 Date of Decision : 12.05.2017 Appellant/Complainant : Shri Pankaj Arora Respondent : CPIO, Medical Council of India Through: Mr. Shikhar Ranjan Information Commissioner : Shri Yashovardhan Azad Relevant facts emerging from appeal: RTI application filed on : 30.02.2016 PIO replied on : - First Appeal filed on : 21.04.2016 First Appellate Order on : - nd 2 Appeal/complaint received on : 20.06.2016 Information sought and background of the case: The appellant had lodged a complaint dated 28.07.2014 with MCI regarding the death of his son, Master Yash Arora due to alleged medical negligence in liver transplant surgery performed at Medanta Hospital, Gurgaon. The MCI registered a case with diary no. DI/2014/129296 and directed the Haryana Medical Council to take necessary action. Vide RTI application dated 30.02.2016, the appellant sought information seeking details of action taken upon aforesaid complaint. Having not received any information from CPIO, the appellant filed first appeal. The first appeal remained unheard. Feeling aggrieved, the appellant approached the Commission. Relevant facts emerging during hearing: The appellant is absent despite notice. However, the Commission is in receipt of written submissions from the appellant and the same are perused. The appellant lost his son soon after a liver surgery performed at Medanta Hospital, Gurgaon. The appellant lodged a complaint alleging medical negligence with Medical Council of India which was further marked to Haryana Medical Council. The appellant is aggrieved inasmuch as neither any concrete action was taken upon his complaint nor any information w.r.t. the fate of his complaint was made available. Per contra, the CPIO states that reply was furnished to the application on 25.07.2016. He states that after the appellant preferred second appeal, it was learnt that the then CPIO had sent reply on a wrong address twice on 10.05.2016 & 14.05.2016. The reply by CPIO dated 10.05.2016 reads as: With reference to your RTI application dated 02.03.2016 (received in the Counicil on 15.03.2016) on the subject cited above, this is to inform you that the Council has not received any inquiry report from Haryana Medical Council, Chandigarh in this matter so far. Hence, the PIO is not in a position to provide the desired information. However, a copy of the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 is enclosed. The delay in replying is regretted. The CPIO submits that as and when, the inquiry report is received from Haryana Medical Council, the same shall be forwarded to the appellant. However, the appellant has placed some documents before the Commission which reveal that the Haryana Medical Council referred the matter to Civil Surgeon, Gurgaon on 13.11.2014 for inquiry. Vide letter dated 14.05.2015, the Haryana Medical Council informed the appellant that report from Civil Surgeon Gurgaon was awaited and assured suitable action upon receipt of the same. Another letter dated 03.12.2015, written by Civil Surgeon, Gurgaon to Registrar, Haryana Medical Council has been brought on record. The same reads as: Your are hereby informed that the Enquiry Report has already been sent to you on 27.01.2015 vide letter date 2015/22. A copy is enclosed. The CPIO, MCI pleads ignorance regarding the aforesaid communications. Decision: In light of the factual matrix emerging during hearing, it is concluded that the Haryana Medical Council has already received the enquiry report form Civil Surgeon, Gurgaon. The CPIO, MCI shall access and obtain a copy of the enquiry report from Haryana Medical Council besides seeking a report on action taken after receipt of enquiry report from Civil Surgeon Gurgaon. The same shall be furnished to the appellant within 4 weeks of receipt of his order. The CPIO, MCI shall file a compliance report before the Commission by 30.06.2017. The appeal is allowed in the aforesaid terms. (Yashovardhan Azad) Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission. (R.P.Grover) Designated Officer Copy to:- Assistant Secretary & CPIO, First Appellate Authority under Medical Council of RTI India, Pocket-14, Sector-8, Secretary I/c & FAA, Medical Dwarka Phase-I, New Council of India, Pocket-14, Delhi-110077. Sector-8, Dwarka Phase-I, New Delhi-110077. PANKAJ ARORA S/o. Late Shri Inderjeet Singh, C/o. BABA THAKUR JI MEDICOS, 27/1, D1-D2, Doctors' Colony, CIVIL LINE, RUDRAPUR, District - Udham Singh Nagar-263153 (UTTARAKHAND). .
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