Central Information Commission
Mr.Rahul Sharma vs Drugs Control Department, Govt. Of ... on 10 June, 2009
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office),
Old JNU Campus, New Delhi - 110067.
Tel: +91-11-26161796
Decision No. CIC/SG/A/2009/000907/3632
Appeal No. CIC/SG/A/2009/000907
Relevant Facts emerging from the Appeal:
Appellant : Mr.Rahul Sharma
House no. 536, Sect-37
Faridabad.
Respondent : Mr. Ravi Kant
Asstt. Drugs Controller & PIO
Govt. of N.C.T. of Delhi
Drugs control Department
F-17, Karkardooma,
Delhi-110032.
RTI application filed on : 10/01/2009
PIO replied : 02/02/2009
First appeal filed on : 12/02/2009
First Appellate Authority order : 12/03/2009
Second Appeal filed on : 08/04/2009
Information sought:
The appellant had sought following information under RTI Act, 2005:-
1) Name, Address of medical retail store along with Name, Address of working Pharmacist in records of Drugs control Deptt., Govt. of NCT of Delhi for fulfill the requirement of Drugs and cosmetic Act, 1940.
PIO's reply:
PIO had replied that "I am to inform you that the information sought by you is not available in the compiled form. The said information is available in the individual sales file of the firms. You may inspect the relevant files on any working days/hours with prior intimation in this department."
First Appellate Authority ordered:
First Appellate Authority ordered that "I am convinced that the Link Public Information Officer of the Drugs Control Department had provided the information available with him and had even asked him to inspect the relevant files with regard to his queries."
Relevant Facts emerging during Hearing:
The following were present:
Appellant : Mr.Rahul Sharma Respondent : Mr. P.K.Jaggi, PIO and Mr. Ranbir Singh, APIO The PIO has stated that the details sought by the appellant would disproportionately divert the resources of the public authority hence he has offered inspection of the records to the appellant. The appellant states that as per Section 4(1)(b)(xiii) 'particulars of recipients of concessions, permits or authorizations granted by it' should be suo-moto disclosed. The PIO states that they would be able to provide names and addresses of the medical(chemist) retails stores. Presently the data of the pharmacists working in these stores is not available in collated form. The Commission sees the need for this information to be provided suo-moto by the public authority. Since this is definitely very important part of information relating to medical stores in Delhi. This will also help citizens to monitor whether medical stores are following appropriate measures and whether public authority is doing its job. The Commission directs that public authority to ensure that the list of pharmacists is working in medical stores alongwith their names and addresses shall be put up on its website before 15 August 2009.
Decision:
The Appeal is allowed.
The PIO will give the information about names and addresses of the medical(chemist) retails stores in Delhi to the appellant before 20 June 2009.
Dr. A.K.Singla Drug Controller will ensure that the list of pharmacists is working in medical stores alongwith their names and addresses shall be put up on its website before 15 August 2009, and the send the compliance report to the Commission.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi Information Commissioner 10 June 2009 (In any correspondence on this decision, mentioned the complete decision number.) (GJ) CC:
Dr. A.K.Singla Drug Controller Govt. of N.C.T. of Delhi Drugs control Department F-17, Karkardooma, Delhi-110032.