Central Information Commission
Samir Sardana vs Hll Lifecare Limited on 7 March, 2023
Author: Heeralal Samariya
Bench: Heeralal Samariya
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग ,मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
नितीय अपील संख्या/Second Appeal No.: CIC/HLLLL/A/2022/612045
Samir Sardana .....अपीलकताग /Appellant
VERSUS/बनाम
Public Information Officer Under RTI,
Manager & CPIO, Goa Antibiotics & Pharmaceuticals
Limited (Subsidiary of HLL Lifecare Ltd.),
Near Tuem Industrial Estate, Tuem,
Pernem, Goa-403512.
...प्रनतवािीगण/Respondents
Relevant facts emerging from appeal:
RTI application filed on : 06.08.2021
CPIO replied on : 09.09.2021
First appeal filed on : 12.11.2021
First Appellate Authority order : 12.01.2022
Second Appeal received at CIC : 25.02.2022
Date of Hearing : 25.01.2023
Date of Decision : 07.03.2023
सूचना आयुक्त : श्री हीरालाल सामररया
Information Commissioner: Shri Heeralal Samariya
Page 1 of 13
Information sought:
The Appellant sought following information:Page 2 of 13
• PIO furnished reply, vide letter dated 09.09.2021, as under:Page 3 of 13 Page 4 of 13
• Dissatisfied with the response received from PIO, Appellant filed First Appeal, vide letter dated 12.11.2021.
• The FAA vide order dated 12.01.2022 held as under:Page 5 of 13
• In compliance of FAA's order dated 12.01.2022, the PIO furnished reply vide letter dated 12.02.2022 as under :Page 6 of 13
• Written submission has been received from the Appellant vide letter dated 23.01.2023 as under :Page 7 of 13
• Written submission has been received from the CPIO vide letter dated 31.01.2023 as under :Page 8 of 13
• Written submission has been received from the Appellant vide letter dated 31.01.2023 as under :Page 9 of 13 Page 10 of 13
• Written submission has been received from the CPIO vide letter dated 22.02.2023 as under :Page 11 of 13
Grounds for Second Appeal:
The PIO has not provided correct information to the Appellant.
Relevant Facts emerging during Hearing:
The following were present: -
Appellant: Present Respondent: Mr. Govind R Tilve, Sr. Manager, GAPL The appellant stated that the PIO has provided all the information except quantity discounts and lark agreement. He requested to direct the PIO to furnish the desired information.
The CPIO submitted that the appellant has sought voluminous information in his instant RTI Application. He further stated that requisite information has been provided to the Appellant from their official record within stipulated time period.
Decision:
Commission, after perusal of case records and submissions made during hearing, observes that as submitted by the Appellant information sought in the RTI Application has been provided to him except quantity discounts and lark agreement. Commission notes that PIO vide their letter dated 31.01.2023 has provided purchase orders of GAPL on M/s Lark Chemicals Pvt. Ltd. for the supply of API & Excipients. As regards the quantity discount the PIO has submitted that GAPL makes supplies to state government medical institutions on the basis of orders received from the respective state government medical institutions. Furthermore, as submitted by the PIO the details of discounts and rebates and sales incentives being commercially sensitive information which could adversely affect the competitive position of third party and same is exempted from disclosure under Section 8 (1)(d) of the RTI Act.Page 12 of 13
In the view of foregoing, Commission is of the view that an appropriate response as per the provisions of the RTI Act, 2005 has been provided by the Respondent. No legal infirmity is found in the response furnished by the Respondent. Thus, the Commission is of the considered opinion that no further intervention of the Commission is warranted in this case.
The appeal is disposed of accordingly.
Heeralal Samariya (हीरालाल सामररया) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणतसत्यानपतप्रनत) Ram Parkash Grover (रामप्रकाशग्रोवर) Dy. Registrar (उप-पंजीयक) 011-26180514 Page 13 of 13