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Central Information Commission

Mr.B Mohan vs Ministry Of Chemicals And Fertilizers on 19 July, 2013

                       Central Information Commission
            Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan, 
                    Bhikaji Cama Place, New Delhi­110066
                   Web: www.cic.gov.in Tel No: 26167931

                                                Case No. CIC/SS/A/2012/003094
                                                             Dated: 19.07.2013

Name of Appellant                 :      Shri B. Mohan

Name of Respondent                :     National Pharmaceutical Pricing
                                  Authority, New Delhi.

Date of Hearing                   :      20.06.2013

                                      ORDER

Shri B. Mohan, hereinafter called the appellant has filed the present appeal dated 25.8.2012 before the Commission against the respondent National Pharmaceutical Pricing Authority (NPPA), Department of Pharmaceuticals, Ministry of Chemicals & Fertilizers, New Delhi for not providing information in response to his RTI application dated 24.4.2012. The appellant was absent whereas the respondent were represented by Shri Shiv Narain, Director and Shri S.V. Pratap, Deputy Director.

2. The appellant through his RTI application dated 24.4.2012, sought Internal Guidelines dated 19.2.2007 for fixing/revising prices of drugs and formulations along with copy of file notings leading to the decision by the competent authority. The CPIO vide letter No. 23011/07(355)11-Admn/NPPA-RTI dated 29.5.2012 informed the appellant that the Internal Guidelines is used for internal purpose and marked as restricted circulation. Therefore copy of the same could not be provided.

3. Not satisfied with the reply of the CPIO, the appellant filed first appeal dated 19.6.2012 before the FAA. The FAA vide letter No. 23011/07(355)11- Admin/NPPA dated 30.7.2012 however, provided photocopies of note sheets based on which the guidelines dated 19.2.2007 were issued.

4. In his second appeal filed before the Commission, the appellant states that the internal guidelines are part of decision making process and must be in public domain to enable scrutiny of the decisions of NPPA.

5. The respondent on the other hand state that Internal Guidelines are issued for monitoring of prices of non-scheduled drugs as per DPCO 1995. In case if there is an increase of about 10% within one year, it contemplates action against those manufacturers of non-scheduled drugs. These guidelines are used for internal purpose and marked as restricted circulation.

6. Having considered the submissions of the parties, the Commission is of the view that Internal Guidelines as sought for by the appellant is not exempted under any provisions of the RTI Act. If note sheets based on which the guidelines can be provided there does not appear to be any reason why the guidelines themselves cannot be provided. The CPIO is hereby directed to provide copy of these guidelines as sought for by the appellant, free of cost, within two weeks of receipt of this order.

The matter is disposed of on the part of the Commission with above directions/observations.

(Sushma Singh) Information Commissioner Authenticated true copy:

(K.K. Sharma) OSD & Deputy Registrar 4 Case No. CIC/SS/A/2012/003094 Address of the parties:

Shri B., Mohan, E-30, Sarita Vihar, New Delhi-110076.

The Director &CPIO, National Pharmaceutical Pricing Authority, Department of Pharmaceuticals, Ministry of Chemicals & Fertilizers, YMCA Cultural Centre Building, 1, Jai Singh Road, New Delhi-110001.

The First Appellate Authority, National Pharmaceutical Pricing Authority, Department of Pharmaceuticals, Ministry of Chemicals & Fertilizers, YMCA Cultural Centre Building, 1, Jai Singh Road, New Delhi-110001.