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Central Information Commission

Amresh Chandra Mathur vs Directorate Of General Of Health ... on 28 July, 2017

                      CENTRAL INFORMATION COMMISSION
                     August Kranti Bhawan, Bhikaji Cama Place,
                                New Delhi-110066

                                           F. No. CIC/DTGHS/C/2017/602102



Date of Hearing                       :   18-07-2017
Date of Decision                      :   18.07.2017
Appellant/Complainant                 :   Amresh Chandra Mathur

Respondent                            :   Directorate General of Health
                                          Services, Central Drugs Standard
                                          Control Organisation

                                          Directorate General Of Health
                                          Services
                                          Through: Sh. Jayant Kumar, Sh. R
                                          K Singh

Information Commissioner              :   Shri Yashovardhan Azad

Relevant facts emerging from appeal:

RTI application filed on              :   24-11-2016
PIO replied on                        :   25-01-2017( not enclosed)
First Appeal filed on                 :   17-02-2017
First Appellate Order on              :    22-03-2017( not enclosed)
2nd Appeal/complaint received on      :   -

Information sought

and background of the case:

Vide RTI application dated 24-11-2016, the appellant sought following information:-
1. In respect of complaint of ALCON VIGAMOX imported and marketed by M/s Alcon Laboratories (India) Pvt. Ltd. Unit No.502 Tower D 5 th Floor RMZ Infinity, Old Madras Road Bangalore, 560016 by the application kindly provide :
a. clear copy of all documents/note sheets/orders etc. that are in the file or b. permit inspection of files as per your convenience.

2. In respect of RTI Request Registration number MOHFW/R/60406 please provide.

a. Copy of information provided by PIO, CDSCO. b. Clear copy of proof of despatch of information by PIO CDSCO.

3. In respect of ALCON VIGAMOX imported and marketed by M/s Alcon Laboratories (India) Pvt. Ltd. for each imported licence(s) issued/renewed by CDSCO since 2005 kindly provide:

a. Clear copy of document(s) that were given to Port Officers of CDSCO indicating pack sizes i.e. 3ml, 5 ml and physicians sample etc to be cleared by them for custom clearance/ for permitting actual import or b. Clear copy of document used by Port officers of CDSCO that indicated entire range of pack sizes of the drug to be permitted by them for import/custom clearance.
Dissatisfied by the reply of the CPIO dated 25-01-2017, the aggrieved appellant filed a first appeal on 17.07.2017, The appellant was not satisfied with the order made by FAA in respect of query 2 and 3 and hence he has filed an appeal in the Commission.
Relevant facts emerging during hearing:
Both parties are present and Respondent states that information as available have been provided by them. The applicant simply reiterated his contentions without specifying which particular information has been denied to him.
Decision:
After hearing parties and perusal of record, the Commission notes that the relief sought by the applicant in this case demand that the case may be converted into an appeal for proper adjudication thereof. The Commission directs the respondent to submit copies of all relevant replies given so far by them. The Respondent should submit the relevant documents with the Commission within three weeks of receipt of this order, with an advance service of the same set of documents to the applicant herein.
The case is disposed of.
(Yashovardhan Azad) Information Commissioner Authenticated true copy. Additional copies of order shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(R.P. Grover) Designated Officer Copy to :-



Amresh Chandra Mathur                   Central Public Information Officer,
House No. : 6/104, Chiranjiv            Deputy Director Admin. (Drugs)
Vihar, Ghaziabad-201002                 & CPIO, Directorate General
(U.P.).                                 of Health Services, Central
Uttar Pradesh,Ghaziabad,201002          Drugs Standard Control
                                        Organisation, FDA Bhawan,
                                        Opp. Mata Sundri
                                        College, Kotla Road, New
                                        Delhi-110002.
First Appellate Authority under RTI
Drugs Controller
General-(India), Directorate
General of Health
Services, Office of the DCG-I
(New Drugs Division), FDA
Bhawan, Opp. Mata Sundri
College, Kotla Road, New
Delhi-110002.