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Central Information Commission

Mr.B Mohan vs Ministry Of Chemicals And Fertilizers on 27 August, 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/2012/003916
                                                             Dated: 27.08.2013

Name of Appellant                  :     Shri B. Mohan

Name of Respondent                 :     Ministry of Chemicals & Fertilizers
                                   Department of Pharmaceuticals

Date of Hearing                    :     22.07.2013

                                       ORDER

Shri B. Mohan, hereinafter called the appellant has filed the present appeal dated 10.11.2012 before the Commission against the respondent Ministry of Chemicals & Fertilizers, Department of Pharmaceuticals, New Delhi for not providing complete and satisfactory information in response to his RTI application dated 4.7.2012. The appellant was present whereas the respondent were represented by Ms. Monika Verma, Director/FAA, Shri Roshan Lal, Under Secretary, Shri A.K. Saha, Director/NPPA, Shri S.S. Agrawal, Asstt. Director/NPPA and Shri Manohar Kaw, DD/NPPA.

2. The appellant through his RTI application dated 4.7.2012 addressed to the CPIO, Department of Pharmaceuticals, sought information on nine queries in respect of rampant corruption and massive scam in regularization of Para 8(6) violation cases by National Pharmaceutical Pricing Authority (NPPA). The CPIO, Department of Pharmaceuticals vide letter dated 12.7.2012 transferred the RTI application to the CPIO, NPPA for providing information directly to the appellant on Point Nos. 2 to 9 of the RTI Application. Thereafter, the CPIO, Department of 2 Case No. CIC/SS/A/2012/003916 Pharmaceuticals vide letter No. 31025/6/2011-Pt.I dated 31.8.2012 informed the appellant on Point No. 1 of the RTI application that no background paper/agenda/ minutes of the meeting chaired by Hon'ble Minister (C&F&S) on 11.5.2006 was prepared. The CPIO, NPPA vide letter No. F.23011/07(420)/12-Admin/NPPA- RTI dated 8.8.2012 provided information on Point No. 2 to 9 of the RTI application. The FAA/NPPA, before whom the appellant filed first appeal on Point No. 2 to 9 of the RTI application, vide letter dated 20.9.2012 has passed a detailed order.

3. The FAA, Department of Pharmaceuticals, before whom the appellant filed first appeal on Point No. 1, vide her order No. 31025/6/11-Pt.I dated 13.9.2012 reiterated the reply of the CPIO, Department of Pharmaceuticals.

4. The appellant during the hearing contested replies provided to Point No. 1 and 2 of his RTI application. The CPIO/NPPA states that on Point No. 2 of the RTI application, the FAA/NPPA provided copies of letters written to the concerned State Drug Controllers (SDCs) for launching prosecution in respect of 38 formulations. The concerned file in respect of remaining one formulation (Ultiseng Cap of M/s. Medley Pharmaceuticals Ltd) was not readily traceable.

5. Having considered the submissions of the parties, the Commission is of the view that requisite information on Point No. 1 as per record has been provided by the CPIO/Department of Pharmaceuticals vide letter dated 31.8.2012. On Point No. 2 of the RTI application, the Commission hereby directs the CPIO/NPPA to inform the appellant why action has not been taken against M/s, Medley Pharmaceuticals Ltd. The CPIO/NPPA will comply with the directions of the Commission within two weeks of receipt of this order.

The matter is disposed of on the part of the Commission with above directions/observations.

(Sushma Singh) Information Commissioner Authenticated true copy:

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

Shri B. Mohan, E-30, Sarita Vihar, New Delhi-110076.

The CPIO, Ministry of Chemicals & Fertilizers, Department of Pharmaceuticals, B-Wing, Janpath Bhawan, New Delhi-110001.

The FAA, Ministry of Chemicals & Fertilizers, Department of Pharmaceuticals, B-Wing, Janpath Bhawan, New Delhi-110001.

The CPIO, National Pharmaceutical Pricing Authority, Department of Pharmaceuticals, YMCA Cultural Centre Building, 1, Jai Singh Road, New Delhi-110001.

The FAA, National Pharmaceutical Pricing Authority, Department of Pharmaceuticals, YMCA Cultural Centre Building, 1, Jai Singh Road, New Delhi-110001.