Central Information Commission
Mr.B Mohan vs Ministry Of Chemicals And Fertilizers on 22 June, 2011
Central Information Commission
2nd Floor, Room No. 305 B-Wing,
August Kranti Bhawan
Bhikaji Kama Place
New Delhi
Case No. CIC/SS/A/2011/000443
Name of Appellant : Sh. B. Mohan
(The Appellant was present)
Name of Respondent : National Pharmaceutical Pricing Authority
Jai Singh Road, New Delhi
(Represented by Sh. K. K. Jain & Sh.
Shiv Narain, Director)
The matter was heard on : 15.06.2011
ORDER
Sh. B. Mohan, the Appellant, through an RTI application dated 25.08.2010 sought the following information: "1. Authenticated True copy of NPPA letter No. 10(4)/99/DP/NPPADiv.II(Pt.) dated 12.10.1999 and notes pertaining to decision to issue such a letter wherein NPPA had clarified to the industry associations that even if one ingredient of the formulation to which applicability of ceiling price is to be considered was not covered in Note 1, ceiling price would not be applicable and separate price would have to be fixed.
2. Papers/documents, i.e. Notes/letters if any issued, in which industry associations were advised about reversal of the decision of NPPA mentioned in (1) above and copy of the legal advice, if any obtained, on the basis of which this decision was reversed.
3. Details of cases where this decision (in 1 above) was implemented and those where it was not implemented and notices were issued inspite of the guidelines mentioned in 1 above.
4. Details of cases where this decision (in 1 above) was implemented and those where it was not be relevant if ceiling price is fixed and also the details of those cases where individual price was not disturbed when ceiling price was notified."
The PIO responded vide letter dated 27.09.2010 as follows: "Para 1 Copy of the letter NO. 10(4)99/DP.NPPA/Div. II Part dated 12.10.1999 is already available at the website of NPPA i.e. www.nppaindia.nic.in Para 2 to 4 In view for reply in para 1 above, no information with regard to notes of the above said letter is required to be furnished."
Aggrieved with the reply, the Appellant filed an appeal before the First Appellate Authority (FAA). The FAA vide decision dated 24.11.2010 upheld the reply of the CPIO. Hence, the present appeal before the Commission.
During the hearing and also in his appeal, the Appellant pleads that in his RTI application he had Solicited not only a copy of NPPA's letter but also a copy of notes leading to the issue of the particular letter to the Industry Associations. He pleads that precise and specific information has not been provided to him.
After hearing the parties and on perusal of the relevant documents on file, the Commission finds merit in the contention of the Appellant. The Commission is of the view that the information sought by the Appellant is not exempted under any of the provisions of the RTI Act. The PIO is hereby directed to provide complete requisite information, as per record to the Appellant within 15 days of receipt of this order. The PIO is also hereby cautioned to be more careful in future while replying to the information seekers.
Decision was announced during the hearing. The matter is disposed of on the part of the Commission.
[ (Sushma Singh) Information Commissioner 22.06.2011 Authenticated true copy (K. K. Sharma) OSD & Asst.Registrar Copy to:
1. Sh. B. Mohan, E30, Sarita Vihar, New Delhi110076
2. The Public Information officer, Dy. Director, National Pharmaceutical Pricing Authority, D/o Pharmaceuticals, M/o Chemicals & Fertilizers, Govt. of India, 5th / 3rd Floor, YMCA Cultural Centre Building, 1 Jai Singh Road, New Delhi
3. The Appellate Authority, National Pharmaceutical Pricing Authority, D/o Pharmaceuticals, M/o Chemicals & Fertilizers, Govt. of India, 5th / 3rd Floor, YMCA Cultural Centre Building, 1 Jai Singh Road, New Delhi