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Central Information Commission

Mr.Banarsi Rai vs Rajasthan Drugs And Pharmaceuticals ... on 14 March, 2013

                       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/2012/001732
                                                              Dated: 14.03.2013

Name of Appellant                 :        Shri Banarasi Rai

Name of Respondent                :      Rajasthan Drugs & Pharmaceuticals Ltd
                                  Jaipur.

Date of Hearing                   :        07.03.2013

                                      ORDER

Shri Banarasi Rai, hereinafter called the appellant, has filed the present appeal dated 24.1.2012, before the Commission against the respondent Rajasthan Drugs & Pharmaceuticals Ltd. (RDPL), Jaipur for deemed refusal of information in response to his RTI-application dated 12.8.2011. The appellant was absent where as the respondent were represented by Shri Praveen Acharya Assistant Manager (HR) and Shri Sujit Ranjan Roy, DGM (Marketing).

2. The appellant, through his RTI application dated 28.7.2011 has sought details in relation to letter No. MP/2005-2006/216 dated 15.4.2003, letter No. MM/2005-2006/217 dated 12.1.2006 and letter No. 15.4.2003 issued by them. The appellant sought the names of officers and their designation who issued these letters, cash memo to dealers etc.

3. Failing to get any response from the CPIO, the appellant filed first appeal on 21.9.2011 before the FAA. The FAA vide his order dated 31.10.2011 directed the CPIO to provide requisite information to the appellant.

4. This matter was heard by the Commission on 7.1.2013 and the Commission vide its order dated 11.1.2003 held as under: "During the hearing the respondents were unable to explain how the information sought was exempted u/s 8(1)(d) of the RTI Act. In view of the lackadaisical handling of the RTI application and the inability of the CPIO to explain the reasons as to how the information is exempted, directed Shri Surjit Ranjan Roy, DGM (Marketing) being the deemed CPIO to file his written submissions on the next date of hearing".

5. During the hearing Shri Sujit Ranjan Roy, DGM (Marketing)/deemed CPIO filed his written submissions as under:

• The appellant sought information on the following queries: (a) Name of officer, designation, who issued order and copy of appointment order, purchase orders issued by Chief Medical & Health Officer, Dist. Balaghat/Mandla (MP), (b) Copies of above purchase orders and cash memos issued to the parties; (c) Copies of purchase orders issued during the period 2003-2004 to 2006-07. Also copies of cash memos issued against the purchase orders and diversion if any; and (d) In case aforesaid letter/ conversion order not issued by the Company, inform the name of dealer and officer who issued and aforesaid company authorized for conversion and copies of relevant documents.

• After reconsideration, it is submitted that relevant information against para (a) can be provided, as already acceded to by the deemed CPIO;

• Invoices issued during 2003-04 to 2006-07 contain details of medicines, pack, batch number, quantity, rate, amount etc. which are quite voluminous for the entire period of 4 years. Goods were supplied by Bhopal Sales depot of the company where the purchase orders from authorized stockiest were also received. All such details of trade secrets, commercial confidence etc. being exempted u/s 8(1)(d) of the RTI Act and cannot be divulged as the same would harm the business interest of the Company as also the competitive market position of the third party.

• Bills/Invoices for all goods meant for supply were issued by the Bhopal Branch of the Company in the name of authorized stockiest and in turn the invoices were made by the authorized stockiest (India Sales Corporation, Jabalpur) for supplies made to end user. All such bills/ Invoices contained detailed particulars like medicines, packing, Batch No., Quantity, Rate, Amount etc. of the trade secret, commercial confidence, etc. which if furnished are likely to harm the business interest of the company as well as competitive interest of third party. As such the said information may kindly be treated as exempted u/s 8(1)(d) of the RTI Act.

• The CPIO once again apologize for delay caused in the matter and he will comply with the directions of the Commission in the matter.

6. The Commission is of the view that the Shri Sujit Ranjan Roy, DGM (Marketing)/deemed CPIO has prima-facie caused a delay of more than 100 3 Case No. CIC/SS/A/2012/001732 days,, in providing information to the appellant, inspite of the directions of the FAA. A separate show-cause notice u/s 20(1) of the RTI Act would be issued to Shri Sujit Ranjan Roy, DGM (Marketing)/deemed CPIO, RPDL, Jaipur asking him to show-cause why a penalty of Rs. 25,000/- should not be imposed upon him.

7. The Commission also hereby directs the CPIO to provide a copy of his reply to the appellant within ten days of receipt of this order, if not provided already.

(Sushma Singh) Information Commissioner Authenticated true copy:

(K.K. Sharma) OSD & Deputy Registrar Address of the parties:

Shri Banarsi Rai, Plot No. 21, Heera Bhawan, Naaka Aadhartal, Jabalpur.

The CPIO, Rajasthan Drugs & Pharmaceuticals Ltd., Road No. 12, V.K.I. Area, Jaipur-302013 Shri Sujit Ranjan Roy, Dy. General Manager (Marketing)/deemed CPIO, Rajasthan Drugs & Pharmaceuticals Ltd., Road No. 12, V.K.I. Area, Jaipur-302013 The First Appellate Authority, Rajasthan Drugs & Pharmaceuticals Ltd., Road No. 12, V.K.I. Area, Jaipur-302013 4 Case No. CIC/SS/A/2012/001732