PROCEEDINGS OF THE ASSAM INFORMATION COMMISSION FULL COMMISSION

Case No.143/2007

Dated 26-06-2007

Name of the Complainant:
Smt Sabitri Narzari

Name of the Public Authority:
Joint Director Health Service, Golaghat
&
Supdt. Golaghat Dist. Hospital, Assam

The following were present:
Sri Bidyeswar Toid
Jt. Director,DHS, Golaghat, Public Authorities


The complainant absent. The Joint Director, District Health Services, Golaghat present.

Brief of the Case
On 3.5.07 a petition was received under section 18 of the RTI Act, 2007 from Smt Sabitri Narzari of village NO.2 Thaigirguri, P.O. Koila Moila, dist- Chirang in which it was stated that the Superintendent of Golaghat Civil Hospital, Golaghat did not furnish her information with a copy of the postmortem report of the deceased Umesh Boro who died in motor accident vide Dergaon Police Station G.D. entry No. 359 dated 15.9.06, although she applied under the RTI Act before the Superintendent of Golaghat Civil Hospital, Golaghat for the same. She also filed first appeal before the Joint Director, Health Services, Golaghat asking the First Appellate Authority to direct the Superintendent of Golaghat Civil Hospital, Golaghat to furnish her a copy of the postmortem report by post through her advocate Sri Binod Kumar Basumatary, an advocate of Bijini Lawyers Association, Bijini in the district of Chirang. Hence this case.

Submission of the parties
The Joint Director, District Health Services, Golaghat submitted before the Commission that the Superintendent of K.K. Civil Hospital , Golaghat on receipt of the application of Smt Sabitri Narzari sent by Sri Binod Kumar Basumatary, Advocate, Bijini Lawyers Association searched thoroughly and vigorously at his office but could not locate it. Then the Superintendent wrote to the O.C Dergaon Police Station to furnish the name of Doctor who did postmortem examination but the O.C. Dergaon Police Station did not furnish the name. Ultimately finding no way out the Superintendent approached the Additional C.J.M, Golaghat Court to find out the fact on 12.6.07. From the record of the court it transpires that the postmortem of late Umesh Boro was done at Debeswar Sarma Civil Hospital, Jorhat by Dr. Ganesh Sarma of Jorhat Civil Hospital. The Joint Director, District Health Services, Golaghat, when asked by the Commission informed that the advocate concerned was informed by him about the matter vide his letter dated 14.6.07.

Observation by the Commission
The Commission appreciated the efforts taken by the Superintendent of K.K. Civil Hospital, Golaghat as well as by the Joint Director, District Health Services, Golaghat in locating the post mortem report.

Decision of the Commission
The Commission on careful consideration of the facts and circumstances of the case and in the interest of making available information to the petitioner decided to direct the Superintendent Deveswar Sarmah Civil Hospital under section 19 (8) of the RTI Act, 2005 where the post mortem of the deceased was conducted, to furnish the copy of the port mortem certificate to the petitioner by post at the address mentioned in this order. The Secretary of the Commission will send a copy of the petition of Smt Sabitri Narzary addressed to the Superintendent, Golaghat Civil Hospital to the Superintendent Deveswar Sarmah Civil Hospital, Jorhat for their record.

Sd/- (R.S. Mooshahary)
Chief Information Commissioner, Assam
Janata Bhawan, Dispur.


Sd/- (Dr. B K Gohain)
State Information Commissioner, Assam
Janata Bhawan, Dispur.


Authenticated true copy

(Jiauddin Ahmed)
Secretary, State Information Commission, Assam
Janata Bhawan, Dispur.

Memo No SIC. 160/2007/11 Dated June 26, 2007

CC:
1. The Joint Director, District Health Services, Golaghat
2. The Superintendent of K.K. Civil Hospital, Golaghat
3. The Joint Director, District Health Service, Jorhat.
4. The Superintendent, Deveswar Sarmah Civil Hospital, Jorhat.
5. Smt Sabitri Narzary, vill. No.2 thaigirguri, P.O. Koila Moila, Dist Chirang
6. The DIPR, Dispur
7. MD, AMTRON, Bamunimaidam for website uploading.
8. Office file.

Secretary
State Information Commission, Assam