Central Information Commission
Prof. Gayathri Vishwanath Patil vs Department Of Pharmaceuticals on 22 September, 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/DPHRM/A/2023/604135
Prof. Gayathri Vishwanath Patil .....अपीलकताग /Appellant
VERSUS/बनाम
Public Information Officer Under RTI,
Under Secretary & CPIO, Department of Pharmaceuticals
(Ministry of Chemicals & Fertilizers), Shastri Bhawan,
New Delhi-110001.
Public Information Officer Under RTI,
O/o. the Director, National Institute of Pharmaceutical
Education & Research (Ministry of Chemicals & Fertilizers),
E.P.I. Park, Industrial Area, Hajipur, District-Vaishali-844102
(Bihar).
Public Information Officer Under RTI,
Under Secretary & CPIO, National Institute of
Pharmaceutical Education & Research-(NIPER)
(Ministry of Chemicals & Fertilizers), Shastri Bhawan,
New Delhi-110001.
...प्रनतवािीगण/Respondents
Relevant facts emerging from appeal:
RTI application filed on : 08.11.2022
CPIO replied on : 09.12.2022
First appeal filed on : 19.12.2022
First Appellate Authority order : 26.12.2022
Second Appeal received at CIC : 24.01.2023
Date of Hearing : 04.09.2023
Date of Decision : 14.09.2023
Page 1 of 5
सूचना आयुक्त : श्री हीरालाल सामररया
Information Commissioner: Shri Heeralal Samariya
Information sought:
The Appellant sought following information:
1. Complete Report submitted by NIPER• Hajipur Nude NIPER-
HJP/DIR/389 dated 18.08-2019) lid the Office Note put up thereafter by the Department of Pharmaceuticals. New Delhi (iii) comments/direction/orders of the Secretary. Department of Pharmaceuticals, New Delhi on the Pile in this regard and (ivl communications/orders made by the Department of Pharmaceuticals, New Delhi to the Director in Chair of NIPER- Hajipur in this regard.
2. Copy of the Letter submitted to the Joint Secretary, Department of Pharmaceuticals. New Delhi by NIPER Hajipur (vide NIPKR. HJP/DIR/391 dated 16-08-20191 along with enclosures attached therein (in the Office Note put up thereafter by the Department of Pharmaceuticals. New Delhi hill comments/direction/orders of the Secretary. Department of Pharmaceuticals. New Delhi on the Pile in this regard and hat communications/orders made by the Department of Pharmaceuticals. New Delhi to the Director in Chair of HIRER. Hajipur in this regard.
3. Complete Report submitted by NIPER- Hajipur Wide NIPER. HJP/D1R/393 dated 17-08-2019) (ii) the Office Note put up thereafter by the Department of Pharmaceuticals. New Delhi (iii) comments/direction/orders of the Secretary, Department Pharmaceuticals, New Delhi on the File in this regard and communications/orders made by the Department of Pharmaceutic; New Delhi to the Director in Chair of NIPER-Hajipur in this regard. Etc. • PIO, Department of Pharmaceuticals Ministry of Chemicals and fertiliser furnished reply, dated 09.12.2022, as under:
1. Get copies of these Reports from NIPER-Hajipur and provide the same to this Department so that relevant office note/orders can be provided.
2. Copies of relevant documents are enclosed.
3. Copies of relevant documents are enclosed • Dissatisfied with the response received from PIO, Appellant filed First Appeal, vide letter dated 19.12.2022.Page 2 of 5
• The FAA vide order dated 26.12.2022 directed PIO to furnish the information sought by the Appellant as per provision of RTI Act.
• Written submission has been received from the CPIO vide letter dated 21.08.2023, as under :
I am directed to refer to CIC' Notice for hearing for the Appeal/Complaint No. CIC/DPHRM/A/2023/604135 dated 24.07.2023 and to say that the appellant, who was working as Director, Institute of Pharmaceutical Education and Research (NIPER) Hajipur was placed under suspension with approval of the President of India so that free and fair enquiry against her could be conducted. The two-member enquiry Committee was constituted under section 11 of the NIPER Act with approval of the President of India.
2. As the appellant did not cooperate with the said committee, formal enquiry proceedings were initiated against her under relevant provisions of CCS (CCA) Rules, 1965 by the Board of Governors, NIPER Hajipur, which are still pending. The period of suspension has been extended from time to time with approval of the President of India. 3. Part of the information sought by the appellant, available with the respondent, was provided to her vide letter dated 06.12.2022 by the CPIO and she was advised to approach NIPER Hajipur to obtain the copies of the Reports sought by her and thereafter approach the department so that relevant copies of relevant office notes/ order be traced and provided to her' Subsequently, based on directions of Appellate Authority, DoP, NIPER Hajipur was advised to provide the same to the appellant vide order dated 0 6.01.2023 (Enclosed). 3. It is understood that NIPER-Hajipur has provided the same to the appellant but she has not approached the department subsequently in this regard.
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 No. 1: Ms. Geetha Ashok- US/PIO, Department of Pharmaceuticals.Page 3 of 5
Respondent No. 2 : Dr. Debrabata Mandal- Asst. Prof. Deptt. Of Biotechnology, NIPER Hajipur The Appellant stated that the relevant information has not been furnished to her till date. She stated that NIPER, Hajipur has not furnished all the documents sought at point No. 1 to 6 of the RTI Application. She stated that documents furnished by the PIO, NIPER, Hajipur is incomplete and misleading. She requested to direct the PIO to furnish the information as sought in the instant RTI Application.
PIO, Department of Pharmaceuticals stated that the relevant information has been duly furnished to the Appellant from their official record. She stated that information sought at point No. 1 to 6 of the RTI Application relates to NIPER, Hajipur. Accordingly, Registrar, NIPER, Hajipur was requested to furnish the documents sought at point No. 1 to 6 of the RTI Application to the Appellant vide letter dated 06.01.2023.
PIO, NIPER, Hajipur stated that on receipt of the letter dated 06.01.2023 from department of pharmaceuticals, the information related to documents sought at point No. 1 to 6 of the RTI Application has been duly provided to the Appellant. He stated that 4 documents has been furnished to the Appellant and 2 documents could not been traced out in their official record.
Decision:
At the outset, Commission directs the concerned PIO, Department of Pharmaceuticals to furnish a copy of their latest written submission along with annexures if any, to the Appellant, 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.
Commission after perusal of the case records as well as submissions made during hearing, directs the present PIO, NIPER Hajipur to search the records again and provide the relevant information sought at point No. 1 to 6 of the instant RTI Application to the Appellant, free of cost via speed post within 30 days from the date of receipt of this order and accordingly compliance report to this effect be duly sent to the Commission by the said PIO.
In case relevant records as sought are still not traceable, then PIO, NIPER Hajipur, must file an appropriate affidavit stating that relevant records as sought in instant the RTI Application are not available in record despite searching thoroughly.Page 4 of 5
The said affidavit shall be sent by the PIO, NIPER Hajipur to the Commission with its copy duly endorsed to the Appellant. The said direction of the Commission must be complied within 30 days from the date of receipt of this order and accordingly compliance report to this effect be duly sent to the Commission by the PIO. No further action lies.
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 5 of 5