Irregularities in organ transplant: Health Dept. told to share action taken reports under RTI Act

Tamil Nadu Information Commission orders State Health Department to provide details on organ transplant program irregularities.

The Tamil Nadu Information Commission has directed the State Health Department to provide details of the action taken over allegations of serious irregularities in the organ transplant programme in the State during 2017-20.

The case arises out of a petition filed by S. Loganathan of Tiruvannamalai, who sought to know under the Right to Information Act, 2005, the details of the action taken over violations of the Transplantation of Human Organs and Tissues Act, 1994. He wanted to know whether any inquiry was ordered by the then Health Secretary against the Director of Medical and Rural Health Services and, if not, the copies of files relating to the initiation of such an inquiry.

Not satisfied with the reply of the Public Information Officer (PIO) and the First Appellate Authority (FAA), who denied the information sought, the petitioner moved an appeal before the TNIC. After hearing both sides, State Information Commissioner P. Thamarai Kannan said that the replies of the PIO and the FAA were not acceptable.

Passing orders in the case, Mr. Kannan directed the PIO to furnish information to the petitioner on whether the then Health Secretary had ordered or contemplated any inquiry against the then Director of Medical and Rural Health Services in connection with the violations of the THOTA Act. The PIO was told to disclose when the then Health Secretary ordered an inquiry into the irregularities alleged in the organ scam in 2017-20, and provide copies of the interim and final reports submitted by the inquiry officer.

The State Information Commissioner also directed the authorities to reveal whether any case was filed by the State government in any court in relation to the issue, and provide details of the action taken on the basis on the report of the inquiry officer. If the PIO was of the opinion that the information sought by the petitioner could not be shared, he was told to explain the provisions of the RTI Act under which such an exemption could be applied.

In case no inquiry was ordered by the then Health Secretary against the Director of Medical and Rural Health Services or in connection with the irregularities under the THOTA Act in 2017-20, the PIO was asked to file a sworn affidavit to that effect and send a copy to the petitioner.