Central Information Commission
Sushil Kumar vs Department Of Health & Family Welfare on 8 January, 2025
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/MOHFW/A/2023/655511.
Shri. SUSHIL KUMAR. ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
Department of Health & Family Welfare.
Date of Hearing : 06.01.2025
Date of Decision : 06.01.2025
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 20.07.2023
PIO replied on : 17.08.2023
First Appeal filed on : 24.08.2023
First Appellate Order on : 07.12.2023
2ndAppeal/complaint received on : 22.12.2023
Information soughtand background of the case:
The Appellant filed an RTI application dated 20.07.2023 seeking information on following points:-
"1. Did Pfizer Products India Pvt.Ltd. (PPIPL) inform CDSCO about change in packing of PALBACE 75mg/100mg/125mg from HDPE Bottle packing to Blister packing anytime between the period September 2016 to September 2019. (As per records Pfizer Products India Pvt.Ltd. was issued Registration certificate for the above product in September 2016). Please provide the copy of information provided to CDSCO by PPIPL for change in packing of PALBACE.
2. Did CDSCO issued any License to Pfizer Products India Pvt.Ltd. for importing PALBACE 75mg/100mg/125mg from Belgium or any other country apart from Pureto Rico (US) and Germany.
3. As per records CDSCO issued Registration Certificate No. RC/FF-002017 to Pfizer Products India Pvt.Ltd. on 27 Sept.2016 and the License against this above certificate No. was issued on 05 October 2016. The License was renewed on 25.09.2019 by Sh. SESWARA REDDY (Licensing Authority) Please provide the particulars of Licensing authority at the time of registration (27.09.2016) and at the time of issuing License on 05.10.2016.
Page 1
4. Did CDSCO confirmed Free sale approval status of PALBACE 75mg/100mg/125mg in its country of origin before issuing above Registration certificate.
Etc."
The CPIO, Assistant Drugs Controller of India, CDSCO vide letter dated 17.08.2023 replied as under:-
"The details of Registration Certificate and Import License granted by Import and Registration Division are available on i.e. https://cdscoonline.gov.in/CDSCO/Industry CDSCO website The other sought information is exempted under Section 8 1(d) of RTI Act, 2005. Further, Clarification/Interpretation/opinion does not come under the definition of information under section 2(f) RTI Act 2005"
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 24.08.2023. The FAA, Joint Drugs Controller of India, CDSCO vide order dated 07.12.2023 stated as under:-
"Point 1 & 2: The import is regulated as per the various provisions of Drugs and Cosmetics Act, 1940 and Rules made thereunder including Part IV (Import and Registration) of Drugs Rules, 1945, which are available on CDSCO official website at www.CDSCO.gov.in. Further, the details of Registration Certificate and Import License granted by this office are available on CDSCO official website at:
https://cdscoonline.gov.in.CDSCO/Industry. Further, as per available record, there is no information for Pfizer Products India Pvt. Ltd (PPIPL) about change in packing of PALBACE 75mg/100/125mg from HDPE Bottle packing to blister packing anytime between the periods September 2016 to 2019. Further, Clarification / interpretation / opinion does not come under the definition of "information" under Section 2 (f) of RTI Act, 2005. Point 3: The licenses to import drugs namely Palbociclib Tablets and Capsules for drug strength 75mg, 100mg and 125 mg was granted by the Licensing authority, appointed under rule 21(b), Part IV. Drug Rules, 1945.
Etc."
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Written submission dated 26.12.2024 has been received from the CPIO and same has been taken on record.
Facts emerging in Course of Hearing:
Appellant: Not present Respondent: Mr. Ashok Yadav, CPIO, Mr. K. Rajeshwari, Mr. Mahesh K- participated in the hearing.
Page 2 The Respondent stated that the relevant information from their official record has been duly provided to the Appellant. They further stated that the information sought related to drugs namely Palbociclib has been duly provided to the Appellant.
Decision:
At the outset, Commission directs the concerned PIO to furnish a copy of their latest written submission along with annexures if any, to the RTI Applicant, free of cost via speed-post and via e-mail, within 07 days from the date of receipt of this order and accordingly, compliance report be sent to the Commission.
Upon perusal of records and submissions made during hearing, it is noted that the Appellant's queries had been appropriately answered by concerned PIO. Furthermore, written submission filed by the Respondent is comprehensive and self-explanatory. Thus, information as permissible under the provisions of the RTI Act has been duly furnished to the Appellant. In the given circumstances, no further intervention of the Commission is warranted in this case under the RTI Act. The appeal is disposed of accordingly.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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