Central Information Commission
Mr.B Mohan vs Ministry Of Chemicals And Fertilizers on 9 April, 2012
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/2011/001496
Dated: 09.04.2012
Name of Appellant : Shri B. Mohan
Name of Respondent : Ministry of Chemicals & Fertilizers,
Department of Pharmaceuticals
Date of Hearing : 09.12.2011
ORDER
Shri B. Mohan, hereinafter called the appellant has filed the present appeal dated 19.7.2011 before the Commission against the respondent Ministry of Chemicals & Fertilizers, Department of Pharmaceuticals, New Delhi for not providing complete requisite information to his RTI-request dated 14.2.2011. The matter came up for hearing on 09.12.2011. The appellant was present and the respondent were represented by Shri P.V. Rajeev Sebastian, Economic Adviser, Ms. Monika Verma, Director, Shri S.D. Maurya, Joint Director and Shri Roshan Lal, Under Secretary.
2. The appellant had filed an application dated 14.2.2011 under the RTI Act seeking information on six queries on the action taken on his representation dated 16/20.12.2010 addressed to the Secretary, Department of Pharmaceuticals regarding rampant corruption and massive scam in regularization of Para 8(6) violation cases by National Pharmaceutical Pricing Authority (NPPA). The CPIO Shri S.D. Maurya, Joint Director (Cost) vide his letter dated 15.4.2011 has replied to the appellant as follows: "In this regard it is 2 Case No. CIC/SS/A/2011/001496 stated that as per the details available, 217 cases of violation of para 8(6) on DPCO were identified by NPPA as on November, 2007 and identification of such cases of para 8 violation by NPPA is a continuous exercise. It has also been observed that ORG data is not always exhaustive, as it does not cover the entire range of formulations and the coverage also is at times limited. Further, cases of para 8violation from SSI Units are even more difficult to identify as by and large products of SSI units are not covered/indicated in the ORG data. Such exercise for identification for taking penal action including prosecution in such cases is being done in a uniform and regular basis by NPPA. NPPA has been referring cases of State Drug Controllers for launching prosecution for violation of DPCO 1995 including para 8(6) cases. NPPA has notified vide SO No. 372(E) dated 30.1.2009, which casts an obligation on all manufacturers/ marketing companies to mandatorily follow the ceiling price fixed/ notified by the NPPA even for any formulation/ composition not covered in the table of standing orders/ notification issued by the NPPA that has any scheduled drug as one of its ingredients shall be subject to the price ceiling mentioned at the respective serial number of the respective notification, as the case may be, unless the manufacturer has subsequently got a specific price fixed by the NPA for that formulation/composition."
3. Upon not receiving of any response from the CPIO within the stipulated period under the RTI Act, 2005, the appellant preferred first-appeal on 26.3.2011 before the FAA. The FAA vide his letter dated 3.5.2011 informed the appellant the CPIO, Department of Pharmaceuticals and the CPIO, NPPA have provided information to the appellant. The FAA enclosed a copy of letter dated 15.4.2011 received from the CPIO, NPPA.
4. The appellant in his second appeal has contended that subsequent to his filing first appeal, he has received a letter dated 15.4.2011 from Joint Director (Cost) & CPIO, Department of Pharmaceuticals, New Delhi in response to his RTI application. The said letter did not give him any information on the important 3 Case No. CIC/SS/A/2011/001496 points of vital public interest he has raised in his RTI application. Thereafter he has received a letter dated 3.5.2011 from the FAA. The FAA has not addressed and/or adjudicate even a single point on which he had solicited information from the respondent, but has just forwarded copies of letter dated 15.4.2011 addressed to the appellant by the CPIO, Department of Pharmaceuticals and another letter dated 14.2.2011 of the CPIO, NPPA, which is totally unrelated to his RTI application.
5. Having considered the submissions of the parties, the Commission is of the view that the matter needs adjudication by the FAA. In view of this, the case is remitted back to the FAA with the direction to pass a speaking order, after hearing the parties, on the points raised by the appellant in his second-appeal by treating it as first-appeal, within four weeks of receipt of this order.
The matter is disposed of with the above directions.
(Sushma Singh) Information Commissioner Authenticated true copy:
(K.K. Sharma) OSD & Deputy Registrar 4 Case No. CIC/SS/A/2011/001496 Address of the parties:
Shri B. Mohan, E-30, Sarita Vihar, New Delhi-110076.
The CPIO, Ministry of Chemicals & Fertilizers, Department of Pharmaceuticals, Room No. 310-B, Janpath Bhavan, New Delhi.
The First Appellate Authority, Ministry of Chemicals & Fertilizers, Department of Pharmaceuticals, Shastri Bhawan, New Delhi-110001.