Central Information Commission
Alok Mohan vs Directorate Of General Of Health ... on 25 October, 2021
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई द ली,
ली New Delhi - 110067
ि तीय अपील सं या / Second Appeal No. CIC/DTGHS/A/2019/139536
Shri Alok Mohan ... अपीलकता /Appellant
VERSUS/बनाम
PIO ... ितवादीगण /Respondent
DGHS
PIO
ESIC
Date of Hearing : 22.10.2021
Date of Decision : 25.10.2021
Chief Information Commissioner : Shri Y. K. Sinha
Relevant facts emerging from appeal:
RTI application filed on : 15.04.2019
PIO replied on : 13.05.2019
First Appeal filed on : 20.05.2019
First Appellate Order on : 18.06.2019
2ndAppeal/complaint received on : 16.08.2019
Information soughtand background of the case:
The Appellant filed an RTI application dated 15.04.2019 seeking information on the following 20 points regarding demise of Late Ankur Srivastava Manager(Marketing API) on 24th March 2018, posted at Cadila Healthcare Limited Vadodara, Gujarat while on duty:-Page 1 of 3
Etc. The PIO /Dy. Drugs Controller (I) vide letter dated 13.05.2019 stated that as per available records, there exists no information to furnish. However, the RTI application was transferred under Section 6(3) to the CPIO, ESIC, New Delhi with a request to furnish the available information directly to the Appellant.
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 20.05.2019. The FAA/Dy. Drugs Controller (India) vide order dated 18.06.2019 stated that the CDSCO has no information to furnish in this regard.
Feeling aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
A written submission has been received from the Appellant wherein while reiterating his RTI queries he stated that the application was filed in relation to the demise of his son in law and the role of M/s Cadila Healthcare Limited, Vadodara.
A written submission has also been received from the CPIO, CDSCO (RTI Cell) vide letter dated 20.10.2021 wherein it was stated that the CDSCO regulates quality, safety and efficacy of drugs including vaccines as per the provisions of New Drugs and Clinical Trials Rules 2019 under Drugs and Cosmetics Act, 1940. The matter raised by the Appellant does not fall within the purview of CDSCO and that they have no information to furnish.
In order to ensure social distancing and prevent the spread of the pandemic, COVID-19, hearing through audio conference was scheduled after giving prior notice to both the parties.
The Appellant participated in the hearing through audio conference and requested to direct the CDSCO to provide the information as it is having regulatory control over pharmaceutical companies.
The Respondent represented by Shri Sunil Kulshreshtha, CPIO and ADC (I), CDSCO and Shri Mukul Vats, Dy. Director, SRO, Vadodara, ESIC participated in the hearing through audio conference. Shri Kulshreshtha reiterated the replies Page 2 of 3 provided to the Appellant. Shri Vats stated that the information sought was not available with ESIC.
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 is provided by the Respondent since it would be incorrect to conclude that the information sought by the Appellant will be held by them. Hence, no further intervention of the Commission is required in the instant Second Appeal, which is disposed off accordingly.For redressal of his grievance, the Appellant is advised to approach an appropriate forum.
Y. K. Sinha (वाई.
वाई. के . िस हा) Chief Information Commissioner (मु य सूचना आयु ) Authenticated true copy (अिभ मािणत स ािपत ित) S. K. Chitkara (एस. के . िचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 of 3