RTI Commission issues directive to Health Ministry in case filed by Dr. Nadarajah Jeyakumaran

The Right to Information Commission has directed the Health Ministry to release the requested information on or before 25 September 2026, to Appellant Dr. Nadarajah Jeyakumaran, Consultant Clinical Oncologist, National Cancer Institute, Maharagama.

This was following the Commission holding the view that Section 5(1)(h) of the Act does not apply so as to justify the denial of the requested information by Dr. Jeyakumaran.

The Commission further decides that, if the Health Ministry fails to comply with the said decision of the Commission before the said date, its Information Officer and the Health Ministry shall be prosecuted before the relevant Magistrate’s Court under Section 39 of the Right to Information Act No.12 of 2016.

For the completeness of this decision, the Commission placed on record that, in terms of Rule No. 11 of Right to Information Commission Rules of 2017, the Health Ministry is not entitled to charge any fee from a citizen for the release of the information upon a decision made by this Commission.

In this matter, the Appellant, Dr. Jeyakumaran by way of his information request dated 16 April 2025 requested the following from the Health Ministry.

The contention of the information request is as follows;

“Further to the letter dated 7 April 2025 addressed to the Director, Apeksha Hospital, on the subject “Urgent Inquiry Regarding Allegations made by relative of deceased Cancer Patient” that was signed by A. B. W. Kumarasinghe, Senior Assistant Secretary, on behalf of Secretary and that letter in turn was forwarded by the Director, Apeksha Hospital, to me to attend for said inquiry, I wrote a letter to the Health Ministry Secretary requesting all details of allegations before the said inquiry commences so that I could get legal opinion and prepare myself for those allegations.

When I visited the Flying Squad division to hand over the copy of the letter on 9 April 2025, the Senior Assistant Secretary, reviewed the inquiry file and mentioned that there were two letters of complaint sent against me on this regard and also said that one is signed by many consultants of TH Jaffna and the other one was signed by the Director, TH Jaffna. When I requested a copy of both letters, he refused to provide the same.

Hence, I would like to request from the Information Officer of the Health Ministry, under the “Right to Information Act No: 12 of 2016”, to provide certified copies of the above said documents, the letters of allegations sent against me from the TH Jaffna, and available at the office of the Senior Assistant Secretary, (Flying Squad).”

The initial Information Request dated 16 April 2025 indicated that the Appellant requested certified copies of the two complaint letters to obtain legal advice and prepare his defence and the two certified letters are;

 1. A letter of complaint dated 24 July 2024 signed by Consultants at Teaching Hospital (TH) Jaffna.

2. A letter of complaint dated 13 August 2024 signed by the Director of TH Jaffna.

The Decision of denial dated 26 May 2025 had been conveyed by the Information Officer relying on Section 5(1)(h) of the RTI Act, stating; “the relevant information cannot be provided as the

preliminary investigation under No. MH/FS/PI/38/2024/B-123/263 has not been completed.”

The Appellant preferred an appeal to the Designated Officer on 14 May 2025, on the basis that the statutory period for responding to the request had expired without any response. As no relief was

forthcoming, the Appellant subsequently preferred an appeal to the Right to Information Commission on 11 July 2025.