Central Information Commission
Mr.B Mohan vs Ministry Of Chemicals And Fertilizers on 8 March, 2011
CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No.CIC/MA/A/2010/000783/LS
Appellant: B. Mohan
Respondent: National Pharmaceutical Pricing Authority (NPPA)
Date of hearing: 8.3.2011
Date of decision: 8.3.2011
FACTS
The matter is heard today dated 8.3.2011. Appellant present. NPPA is represented by Shri Shiv Naryanan, Director and Shri K. K. Jain, Dy. Director.
2. It is the broad submission of the appellant that the NPPA is not functioning in an efficient and transparent manner resulting in undue enrichment of the Drug Companies and corresponding loss to the public exchequer. In the process, the general public is also suffering. After this broad submission, the appellant has made two special submissions. The first one is that NPPA is not depicting updated information on its website. Secondly, the amount of overcharge calculated by NPPA does not co-relate to the specific time period, thereby resulting in confusion. Furthermore, the appellant wishes to know the grounds of issuance of notices to certain Drug Companies, as mentioned in para 'D' of RTI application.
3. The RTI application was responded to by Shri K. K. Jain, Dy. Director (CPIO) vide letter dated 5.5.2010. The first appeal was disposed of by the Appellate Authority vide letter dated 19.7.2010.
4. Shri Shiv Naryanan submits that it is not correct to say that NPPA website is not updated. According to him, information up to 31st January, 2011 has been uploaded in the website. As regards the second submission of the appellant, Shri Shiv Naryanan submits that due to paucity of staff in NPPA, it is not possible to reflect the factual position in respect of each and every case, particularly when NPPA is seized of 980 cases. As regards para (D) of the RTI application, Shri Naryanan submits that notices are not issued to to Drug Companies in a casual manner and that a lot of spade work is required to be done before issue of notices and that due procedure is being followed in this regard. He also submits that allegations can be no substitute for concrete evidence and in the absence of any concrete evidence, it is not possible to take any penal action.
DECISION
5. It is note-worthy that the appellant had raised serious allegations against functioning of NPPA. It is not the mandate of this Commission to go into the merits of the allegations, made. In the premises, we deem it expedient to direct Shri S. M. Jharwal, Chairman, National Pharmaceutical Pricing Authority, Government of India, YMCA Building, New Delhi, to look into the matter at a personal level and take action as deemed fit.
6. The material submitted by the appellant may be enclosed for ready reference.
Sd/-
(M.L. Sharma) Central Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges, prescribed under the Act, to the CPIO of this Commission.
(K.L. Das) Deputy Registrar Address of parties :-
1. The Director & CPIO NPPA, 5th & 3rd Floor, YMCA Cultural Centre Building, 1 jai Singh Road, New Delhi-110001
2. Shri B. Mohan E-30, Sarita Vihar, New Delhi-110076