The Commission observes that the appellant who is a daily bread earner, is
made to undergo lot of hardship to get the MLC. As submitted by him, he was
asked to come to the hospital on 6th, 9th, 10th 11th, 12th, 13th and 16th (7 days), was
made to wait and was not given the MLC. Therefore, the Commission
considers it a fit case for granting compensation to the appellant and
accordingly directs the respondent authority to pay to the appellant a token
compensation of Rs.7,000/ for making an injured person to visit the office
several times for giving the concerned documents, which they are legally bound
to give within 15 days. The Commission also directs the respondent authority
to provide compensation to the appellant based on their rules and regulations
for causing mental agony and not treating him properly in giving him necessary
documents to pursue the process of filing a criminal case against the suspected
culprits.
CENTRAL INFORMATION COMMISSION
(Room No.315, BWing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi 110 066)
Prof. M. Sridhar Acharyulu (Madabhushi Sridhar)
Information Commissioner
CIC/SA/C/2014/000408
Mr. Rajeev Kumar v. PIO, Aruna Asaf Ali , Governemnent
Important Dates and time taken:
RTI:2.7.2014 Reply: 14.7.2014 Time:
FAA: FAO: Time:
Complaint: 29.9.2014 Hearing:22115 Decision: 10-02-2015
2. Complainant want to know the team of doctors dealt with his case when he was
admitted in emergency ward; why Xray was again taken before making of MLC,
reason for its enclosure, out of 3 copy of MLC why he is not entitle to a copy of his
MLC, why Xray report is shown pending MLC, how long it will take to enclose Xray
report to MLC, if it has to be enclosed by now, then who is responsible for this delay
and negligence.
CPIO reply:
3. CPIO provided name of doctor and provide information on point no 2 & 3 but not for
rest.
Ground For Complaint:
4. For not providing complete information, enquiry to be conducted against the
hospital.
Proceedings Before the Commission:
5. Both the parties made their submissions. The appellant is an outsourced
employee in the Delhi Jal Board and his wages were to be paid by the L&T
Company. As he is agitating for his case through RTI applications, the said
company in connivance with the Delhi Jal Board has manhandled him and the
relevant MLC report which is to be given by the respondent Hospital, has been
deliberately delayed by the Hospital in collusion with his employers. With the
result, the appellant alleged that a false MLC has been issued, that too they
have not sent any copy to the police directly, who have to register a case
against the employers. The respondent officers on the other hand contended
that they have provided the MLC report to the appellant and they showed the
signature, which is not disputed.
6. The Commission observes that the appellant who is a daily bread earner, is
made to undergo lot of hardship to get the MLC. As submitted by him, he was
asked to come to the hospital on 6th, 9th, 10th 11th, 12th, 13th and 16th (7 days), was
made to wait and was not given the MLC. Therefore, the Commission
considers it a fit case for granting compensation to the appellant and
accordingly directs the respondent authority to pay to the appellant a token
compensation of Rs.7,000/ for making an injured person to visit the office
several times for giving the concerned documents, which they are legally bound
to give within 15 days. The Commission also directs the respondent authority
to provide compensation to the appellant based on their rules and regulations
for causing mental agony and not treating him properly in giving him necessary
documents to pursue the process of filing a criminal case against the suspected
culprits.
6. The Commission further directs the earlier PIO Mr. Kulwander Yadav to
show cause why maximum penalty cannot be imposed on him for not giving
complete information during his tenure. The Commission also directs the
present PIO Mr. MS Premi to show cause for not imposing penalty for not
giving complete information during his present tenure after he assumed office.
Their explanations should reach the Commission within 3 weeks from the date
of receipt of this order.
7. The Commission orders accordingly.
(M.Sridhar Acharyulu)
Information Commissioner
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