Central Information Commission
Deepak Sandhu vs Central Drugs Standard Control ... on 16 February, 2024
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमागग, मुननरका
Baba Gangnath Marg, Munirka
नईदिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/CDSHQ/A/2023/629136
Shri Deepak Sandhu ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, Central Drugs Standard Control ...प्रनतवािीगण /Respondent
Organization, HQ, New Delhi
Date of Hearing : 16.02.2024
Date of Decision : 16.02.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 20.04.2023
PIO replied on : 18.05.2023
First Appeal filed on : 16.05.2023
First Appellate Order on : 13.06.2023
2ndAppeal/complaint received on : Nil
Information soughtand background of the case:
The Appellant filed an RTI application dated 20.04.2023 seeking information on following points:-
"Please provide certified copies of documents on the basis of those CDSCO had issued COPP to both units of Divya Pharmacy, Haridwar (Unit 1 & II) individually."
Having not received any response from the CPIO, the appellant filed a first appeal dated 16.05.2023.
The CPIO/Central Drugs Standard Control Organization thereafter vide letter dated 18.05.2023 replied as under:-
"The sought information is exempted under section 8(1) (d) & (e) of the RTI Act 2005."
The FAA and Jt Drugs Controller, Central Drugs Standard Control Organization vide order dated 13.06.2023 stated as under:-
Page 1 of 3"This office had issued third party notice to M/s. Divya Pharmacy. In reply, on dated 24th May 2023, M/s. Divya Pharmacy has informed not to disclose the information. Hence, the sought information is exempted under section 8(1) (d) & (e) of RTI Act, 2005."
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
A written submission has been received from the CPIO, RTI Cell, CDSCO, New Delhi vide letter dated 12.02.2024 wherein the replies available on record were reiterated.
Facts emerging in Course of Hearing:
Appellant: Absent Respondent: 1. Shri Ashok Kumar Yadav, FAA, CDSCO;
2. Dr Rachna Paliwal, HQ, CDSCO;
3. Shri Sunil Soni, HQ, CDSCO The Appellant remained absent during the hearing despite prior intimation. A written submission was received from the Appellant vide email dated 15.02.2024 wherein he stated that he would be unable to be present for the hearing and requested to decide the matter on merits/ as per available records.
Shri Ashok Kumar Yadav stated that the Appellant was seeking commercially confidential information pertaining to drug formulations disclosure of which may harm the competitive position of a third party hence exemption u/s 8 (1) (d)/ (e) of the RTI Act, 2005 after seeking the consent of the third party who vide letters dated 06.05.2023 and 24.05.2023 denied their consent.
Decision:
Keeping in view the facts of the case and the submissions made by both the parties, the Commission is of the view that an appropriate response as per the provisions of the RTI Act, 2005 has been provided by the Respondent. Hence, no further intervention of the Commission is required in the instant matter. For redressal of his grievance, the Appellant is advised to approach an appropriate forum.
With the above observation, the instant Second Appeals stand disposed off accordingly.
Heeralal Samariya(हीरालाल सामररया) Page 2 of 3 Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 of 3