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Central Information Commission

Pradeep Tyagi vs Gnctd on 24 April, 2025

                             के ीय सूचना आयोग
                       Central Information Commission
                          बाबा गंगनाथ माग, मुिनरका
                        Baba Gangnath Marg, Munirka
                         नई िद      ी, New Delhi - 110067


File No: CIC/DTGHS/C/2023/600692/GNCTD

Pradeep Tyagi                                     ....िशकायतकता /Complainant


                                         VERSUS
                                          बनाम


PIO,
Directorate General of Health
Services, F-17, Karkardooma,
Delhi - 110092                                     .... ितवादीगण /Respondent

Date of Hearing                      :    17.04.2025
Date of Decision                     :    24.04.2025

INFORMATION COMMISSIONER :                Vinod Kumar Tiwari

Relevant facts emerging from complaint:

RTI application filed on             :    14.10.2022
CPIO replied on                      :    Not on record
First appeal filed on                :    Not on record
First Appellate Authority's order    :    Not on record
2nd Appeal/Complaint dated           :    NIL

Information sought

:

The Complainant filed an RTI application dated 14.10.2022 (offline) seeking the following information:

"I wish to seek information on public interest based on article published on 20th December 2021.

3 kids die after taking 'cough syrup' at Delhi's mohalla clinic, 13 hospitalized.

https://www.newindianexpress.com/cities/delhi/2021/dec/20/3-kids- die-after-taking-cough-syrup-at-delhis-mohalla-clinic-13-hospitalised- 2397728.html

1. How many Children under the age of 5 were given prescription of dextromethorphan till Nov 21st for last 6 months?

2. How many Children under the age of 5 were given prescription after the news broke out in public domain ?

3. How many children are prescribed dextromethorphan after 10th December 2021?

4. What actions were taken to trace the children?

5. What actions were taken to avoid in future?

6. What action were taken on responsible agencies.

7. What are the findings of 4 member committee formed by the Government?

8. After 7th of December 2021, how many Doctors prescribed dextromethorphan ?"

Not having received any response from the CPIO, the complainant failed to file a First Appeal. The FAA order is not on record.

Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.

Relevant Facts emerged during Hearing:

The following were present:-

Complainant: Absent.

Respondent: Dr. Anshul Mudgal, CPIO/DHS, Dr. Mohit Bhardwaj, SMO and Dr. Shalley Kamal, SPO, attended the hearing in person.

The Complainant did not participate in the hearing.

The Respondent submitted that their office has not received any questions with the RTI Application at the initial stage which was later received with the First Appeal. He added that in compliance with the direction passed by the First Appellate Authority vide order dated 03.05.2023, the relevant information pertaining to west district was given to the Complainant vide letter dated 26.05.2023, stating as under:

"Q.NO. 1. How many children under the age of 5 years were given prescription of dextromethorphan till Nov.21st for last 6 months? Ans. :- Nil in r/o AAMC Cell West Dist.

Q.NO. 2 How many children under the age of 5 years given prescription after the news broke out in public domin?

Ans. :- Nil in r/o AAMC Cell West Dist.

Q.NO. 3 How many children are prescribed dextromethorphan after 10th December 2021?

Ans. :- Nil in r/o AAMC Cell West Dist.

Q.No.-4. What action was taken to trace the children? Ans:- Not applicable, in r/o AAMC Cell, West Dist."

He added that upon receipt of the hearing notice from the Commission, their office has prepared two replies dated 16.04.2025, stating as under:

"Q.No. 1. How many Children under the age of 5 were given prescription of dextromethorphan till Nov. 21" for last 6 months? Answer. Information does not pertain to CPA (DGHS). Q.no. 2. How many Children under the age of 5 were given prescription after the news broke out in public domain?

Answer Information does not pertain to CPA (DGHS). Q. No. 3. How many Children are prescribed dextromethorphan after 10 December 2021?

Answer. Information does not pertain to CPA (DGHS). O. No. 4. What actions were taken to trace the children? Answer.

Details of Children (list enclosed) Q. No. 5. What actions were taken to avoid in future? Answer. After getting the complaints of adverse reaction caused by Syp. Destrometorphan (Batch no. GL0015 and GL0016), CPA informed all our user departments to stop the said batches of Syp. Dextromethorphan 30mg/5mg with immediate effect vide letter no. 1808 dated 08.07.2021 followed by a reminder dated 22.07.2021. CPA, DGHS has also arranged to send samples of the afore said batches of the subject drug having complaints to Drug Controller, GNCTD and samples of the batches of Syp. Dextromethorphan were collected by joint team of Drug Controller, GNCTD and CDSCO(NZ) Ghaziabad(UP) for quality analysis at their end An advisory dated 23/07/2021 (copy enclosed as Annexure D) was issued stating that the aforesaid drug i.e. Syp. Dextromethorphan 30mg/5ml is meant to be used for adult patients and not recommended to use in children under 4yrs of age and its doses needs to be titrated when using in children above 4yrs to 12 yrs or above. After finding that advisory was not being followed in spirit by the Health facilities, Syp. Dextromethorphan all batches were withdrawn by DGHS from all the health facilities vide order F.no./PS/DGHS/2021/428-443 Dated 20/12/2021 and its usage Page 3 of 7 has been completely stopped at all levels and no further dispensing of any batch of the subject drug is being done Further, health facilities requiring the subject drug are instructed to order alternate medicine from EDL as the supply order of Syp Dextromethorphon which was triggered has been cancelled.

It has been proposed for consideration of the competent authority to review the specification of subject durg ie. Syp. Dextromethorphan 30 mg/5ml and to remove the ubject drug from EDL Q. No. 6. What actions were taken on responsible agencies? Answer: Further, health facilities requiring the subject drug are instructed to order alternate medicine from EDL as the supply order of Syp. Dextromethorphon which was triggered, has been cancelled.

It has been proposed for consideration of the competent authority to review the specification of subject durg ie. Syp. Dextromethorphan 30 ing/5ml arid to remove the ubject drug from EDL Also, the supplier has been penalized as per provisions of contract agreement and recovery in this regard has been initiated as well. Lastly, an enquiry committee has been constituted under the chairmanship of Dr. Geeta, CDMO (SE) by DGHS, vide order no PS/DGHS/2021/421-427 Dated 20/12/2021 το investigate in the instant matter and its decision is awaited Q. No.7. What are the findings of 4 member committee formed by the Government? Answer. Out of 18 admitted children, families of 2 children at sr. no. 11 and 12 could not be contacted as no contact details were available and/or the children were not found on the given address.

For 11 out of 18 admitted whose records were found, 4 children at sr. no. 2, 3, 8 and 13 were not prescribed syrup dextromethorphan. It was also found that 3 children at sr. no. 1. 7. and 9 were prescribed syrup dextromethorphan whose age was more than 4 years. For st. no 17, records were found for child name Arpita in the AAMC records but for this child age mentioned was 5 years in AAMC records and address was also different than child whose records were available in the hospital. 3 children at sr. no. 4, 10, and 14 were found to be less than 4 years of age who were prescribed syrup dextromethorphan.

For 7 children out of 18 admitted whose records were not found, in case of 1 child at sr. no. S medicine was taken from neighbor, in 1 case at sr. no. 18 the medicine was prescribed in previous illness and in 1 case at sr. no. 15 medicine was prescribed to the mother but the child ingested the medicine as informed by the attendant/mother of the children. In 4 cases at sr. no. 6, 11, 12 and 16, no records could be found. Out of 18 admitted children records of 6 children sr. no. 1, 4, 7, 9, 10 and 14 were found in AAMCs where syrup Dextromethorphan was prescribed. Naloxone as a part treatment was administrated to all the suspected patients of the Dextromethorphan poisoning at KSCH.

During the visit to health facilities, syrup Dextropethorphan was not found in their stock. A samples brought by some of the parents/relatives of the affected children in the KSCH were found to be from the same manufacturer ie. M/s Omega Pharma (batch no. GLO0015, GLO016).

All the children presented with history of consumption of cough syrup containing Dextromethorphan.

Records of 6 children were found in AAMC records where syrup Dextromethorphan was prescribed.

The seized bottles of syrup Dextromethorphan as well as those brought by the parents /relatives of the admitted children had composition of Dextromethorphan 30mg per 5 ml.

The viscera report, histopathology repot of deceased children and toxicology report of the drug are pending Opinion:-

No definite opinion regarding cause of death in the case of deceased children can be provided at this stage. Final opinion on this matter can be provided after receipt of all the reports.

Q. No 8 After 7th of December 2021, how many Doctors prescribed dextromethorphan?

Answer. Information does not pertain to CPA (DGHS)."

The contents of another reply dated 16.04.2025 are as under:

"As per record, a committee was constituted by DGHS, GNCTD vide order no F. No.PS/DGHS/2021/421-427 dated: 20.12.2021 (copy enclosed as Annexure-1) to investigate Dextromethorphan poisoning in admitted patients at Kalawati Saran Children Hospital (KSCH) Ans 1 Four children under the age of 5yrs were given prescription of Dextromethorphan till Nov 21 for last six months. Their details as obtained from the record are as under.

Ans 2. None of the children were prescribed the said medicine after the news broke out in public domain as all the health facilities were instructed to not to prescribe Syrup Dextromethorphan for children less than 4yrs of age and they were instructed to withdraw the syrup from all the health facilities (Copy of email communication and notice is enclosed as Annexure 2 &3) Ans 3. None of the children were prescribed Syrup Dextromethorphan after 10th of December 2021

4. to 7: Reply to prepare by the CPA.

8. After 7th of December 2021, None of the Doctor working in AAMC and DGD prescribed Syrup Dextromethorphan."

Decision The Commission observed that the present complaint was filed under Section 18 of the RTI Act, 2005 where the Commission was only required to ascertain if the information has been denied with a mala fide intent or due to an unreasonable cause or under any other clause of Section 18 of RTI Act. In this regard, the Commission relies on one judgment of Hon'ble Supreme Court in Page 5 of 7 "Chief Information Commissioner & Anr. Vs. State of Manipur & Anr." bearing CIVIL APPEAL NOs.10787-10788 OF 2011 decided on 12.12.2011 has held as under:-

"Therefore, the procedure contemplated under Section 18 and Section 19 of the said Act is substantially different. The nature of the power under Section 18 is supervisory in character whereas the procedure under Section 19 is an appellate procedure and a person who is aggrieved by refusal in receiving the information which he has sought for can only seek redress in the manner provided in the statute, namely, by following the procedure under Section 19. This Court is, therefore, of the opinion that Section 7 read with Section 19 provides a complete statutory mechanism to a person who is aggrieved by refusal to receive information. Such person has to get the information by following the aforesaid statutory provisions. The contention of the Complainant that information can be accessed through Section 18 is contrary to the express provision of Section 19 of the Act. It is well known when a procedure is laid down statutorily and there is no challenge to the said statutory procedure the Court should not, in the name of interpretation, lay down a procedure which is contrary to the express statutory provision. It is a time honoured principle as early as from the decision in Taylor v. Taylor [(1876) 1 Ch. D. 426] that where statute provides for something to be done in a particular manner it can be done in that manner alone and all other modes of performance are necessarily forbidden."

The above ratio is applicable to this case as well. Since records of the case do not indicate any such deliberate denial or concealment of information on the part of the PIO, the Commission concluded that there was no cause of action which would necessitate action under the provisions of Section 20(1) of the RTI Act, 2005 in the instant complaint. It is noted that the Respondent has provided first reply to the Complainant vide letter dated 26.05.2023. Upon receipt of the hearing notice from the Commission, updated replies dated 16.04.2025 filed by the Respondent is comprehensive and self-explanatory as such but it seems that a copy of the same has not been sent to the Complainant and accordingly the Respondent is directed to send a copy of the same along with relevant annexures to the Complainant within two weeks of receipt of this order.

However, before parting with the instant case, the Commission notes that the Complainant has wilfully suppressed the replies provided by the CPIO and FAA while filing the instant Complaint. Thus, he has not approached the Commission with clean hands. The conduct is not appreciated.

The Complaint is dismissed accordingly.

Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स!ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Page 7 of 7 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-

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