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Central Information Commission

P A Alexander vs Directorate Of General Of Health ... on 18 May, 2017

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

                                           F. No.CIC/YA/C/2015/000297

Date of Hearing                    :   16.05.2017
Date of Decision                   :   16.05.2017

Appellant/Complainant              :   Mr. P A Alexander

Respondent                         :   DGHS

                                       Through:
                                        Shri Naval Pratap Singh, ADC(I)
                                       Shri Dilip Kumar, Lokesh
                                       CDSCO, FDA Bhavan, New Delhi

Information Commissioner           :   Shri Yashovardhan Azad

Relevant facts emerging from appeal:

RTI application filed on           :   26.02.2015
PIO replied on                     :   20.02.2015
First Appeal filed on              :   06.04.2015
First Appellate Order on           :   -
2nd Appeal/complaint received on   :   17.06.2015

Information sought

and background of the case:

Vide RTI application dated 26.02.2015, the complainant sought following information.
1. Certified copy of complete report of the expert committee on the working of CDSCO port offices of seaports and airport of Mumbai and Chennai.
2. Complete details on action taken on expert committee report.

The CPIO replied as:

"1. There is no such separate report regarding functioning of O/o ADC(I), Chennai Airport submitted by Smt. Shanthy Gunashekharan. However, is a report of the expert committee on the working of CDSCO port office of seaports and airport of Mumbai and Chennai.
2. Not Applicable."

Dissatisfied with the response received from CPIO, the complainant filed first appeal. The FAA did not adjudicate the matter. Feeling aggrieved, the complainant approached the Commission. Relevant facts emerging during hearing:

The Complainant chose to remain absent despite notice. The respondent is present and heard. The respondent states that appellant through RTI application sought a certified copy of complete report of the Expert Committee on the Working of CDSCO Port Office of Seaports and Airport of Mumbai and Chennai. The information as sought has already been sent to the appellant. He also states that that most of the recommendations of Expert Committee have already been implemented. On being asked as to what are the deliberations of the Committee, the respondent states that the above said Committee has made recommendations on the delay in clearance of bills, increasing the manpower, fixing time lines, integration of the O/o ADC(I) with the Customs EDI, streamlining clearance of items under dual use NOC, reducing sample testing time etc. etc. The Respondent has further placed on record a copy of the Report of the Expert Committee on Working of CDSCO port Offices.
Decision:
After hearing the Respondent and perusal of record, the Commission is of the opinion that the prayer sought by the applicant demands that the instant case be converted into an appeal for proper adjudication of the same. It is noted that while first part of the query of the appellant has been addressed, the public authority is directed to furnish a Revised Reply with regard to implementation of recommendations of the Expert Committee, to the appellant within 3 weeks of receipt of this order, under intimation to the Commission.
The appeal is disposed of accordingly.
(Yashovardhan Azad) Information Commissioner Authenticated true copy. Additional copies of orders 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:-

Deputy Director Admin. (Drugs) &      First Appellate Authority under RTI
CPIO,                                 Drugs Controller
Office of the                         General-(India), Directorate
D.C.G.-(I), Directorate               General of Health
General of Health                     Services, Office of the DCG-I
Services, Central Drugs               (New Drugs Division), FDA
Standard Control                      Bhawan, Opp. Mata Sundri
Organisation, FDA Bhawan,             College, Kotla Road, New
Opp. Mata Sundri                      Delhi-110002.
College, Kotla Road, New
Delhi-110002.
P A ALEXANDER
OLD NO-123, NEW FARRANCE
ROAD, PATTALAM,
CHENNAI-600012 (Tamil Nadu).