Central Information Commission
Mr.B Mohan vs Ministry Of Chemicals And Fertilizers on 15 February, 2012
Central Information Commission
Room No. 305 BWing, August Kranti Bhawan,
Bhikaji Kama Place, New Delhi - 110066
Tel No: 26167931
Case No. CIC/SS/A/2011/001877
Name of the Appellant : Shri B. Mohan
(The Appellant was not Present)
Name of the Public Authority : National Pharmaceutical Pricing
Authority (NPPA), New Delhi
Represented by Mr. K.K. Jain, Dy.
Director, Mr. Shiv Narain,
Director(Admn.) Shri A.K. Gautam.
The matter was heard on : 6.2.2012
ORDER
In the 2nd appeal the appellant Shri B. Mohan submits that the FAA, NPPA has not responded appropriately to his first appeal. As per the appellant, the FAA has ignored/over-looked the issue of selectivity/discrimination in dealing with cases of violation of ceiling prices and non recovery of over-charged amount.
The appellant's RTI request was replied to by the CPIO, vide letter dated 21.5.2010. The CPIO's reply to para 1-3 of the RTI application, which has been upheld by the FAA, is as follows:
"Para 1-3: NPPA initiates action for overcharging based on either procurement of samples or based on complaints received from various quarters regarding sales of various formulation at a price higher than the notified prices. While issuing the notices for overcharging the composition of the formulation, the date of manufacture alongwith the relevant price notification which is applicable to the formulation are duly examined. In order that the specific cases as mentioned in the RTI application are examined and appropriate action is initiated, the RTI applicant may provide the copies of the samples of thee formulations alongwith their date of manufacture, batch no. etc. (as requested vide para (d) of letter No. 231011/07(216)/10-Admn.(NPPA)-RTI dated 05.05.2010)."
The FAA has observed in his order dated 30.7.2010 that the appellant, under the guise of seeking information, has raised a set of questions on why the Public Authority has not taken certain actions, as suggested by him. The FAA gas observed that if the appellant were to provide proof of overcharging, appropriate action would be taken by the NPPA.
During the hearing the Respondent submits that though the appellant in his RTI application is making allegations such as sale of various formulations at a price higher than the notified prices, no details of over charging items have been provided by him. Should the appellant provide the necessary details, samples, appropriate action would be taken by the NPPA.
Having considered the submissions of the parties and perused the documents on file the Commission observes that to allegations of over- charging of various formulations, the Respondent have replied to the appellant that if specific cases alongwith details and samples are produced before them, appropriate action would be taken by the NPPA. The appellant is alleging inaction and making allegations against the NPPA while seeking to know from them why action has not been taken in specific instances. Under the provision of RTI Act u/s 2 (f), the respondent can only provide information which is held by them. They are not expected to create information or provide reasons and clarifications. The appellant is advised to keep these provisions in mind when seeking information under the RI Act. The Commission finds no reason to interfere in the reply of the Respondent.
The matter is disposed of with these observations.
(Sushma Singh) Information Commissioner 15.2.2012 Authenticated true copy:
(D.C. Singh) Deputy Registrar Copy to:
1. Shri B. Mohan, E-30, Sarita Vlihar, New Delhi-110076.
2. The C.P.I.O., National Pharmaceutical Pricing Authority, 5th/3rd Floor, YMCA Cultural Centre Building, 1, Jai Singh Road, New Delhi-110001.
3. The First Appellate Authority, National Pharmaceutical Pricing Authority, 5th/3rd Floor, YMCA Cultural Centre Building, 1, Jai Singh Road, New Delhi-110001.