Central Information Commission
Jacob Puliyel Md Mrcp Mphil vs Translational Health Science And ... on 28 January, 2022
Author: Vanaja N Sarna
Bench: Vanaja N Sarna
क य सच ु ना आयोग
CENTRAL INFORMATION COMMISSION
बाबा गंगनाथ माग
Baba Gangnath Marg
मु नरका, नई द ल - 110067
Munirka, New Delhi-110067
File no.: CIC/THSTI/A/2020/678509
In the matter of:
Jacob Puliyel
... Appellant
VS
Central Public Information Officer
Translational Health Science and Technology Institute (THSTI)
NCR Biotech Science Cluster, 3rd Milestone
Faridabad - Gurugram Expressway, Faridabad - 121 001
...Respondent
RTI application filed on : 30/12/2019 CPIO replied on : 14/02/2020, 11/12/2020 First appeal filed on : 30/02/2020
First Appellate Authority order : 09/04/2020 Second Appeal dated : 19/07/2020 Date of Hearing : 27/01/2022 Date of Decision : 27/01/2022 The following were present:
Appellant: Present over phone Respondent: Dr. Sushmita Choudhry, Asst Prof & CPIO; M.V.Santo, Head Admn & Nodal officer - heard over phone Information Sought:
The appellant has stated that Ministry of Health & FW has published a White Paper on "Safety of Rotavirus Vaccine in India - Smart Safety Surveillance Approach". In the said context, he has sought the following information:
1. Anonymised raw data on all 598 cases of Level 1 IS cases, who received Rotavac / Rotasure in the Sentinel Surveillance by THSTI.
Grounds for filing Second Appeal:
The CPIO has denied the desired information u/s 8(1) (j) of the RTI Act.1
Submissions made by Appellant and Respondent during Hearing:
The appellant in second appeal has once again requested for the information sought and informed that the FAA has agreed to give the data on payment of Rs 38/-, but the said data can only be given after its publication in a peer reviewed journal. The appellant claims that this data is already published by Govt in a White paper and thus this cannot be denied. He also drew attention to his written submissions dated 14.01.2022 wherein he stated that he received the information on 11.12.2020 after a delay of one year. He desires that the Commission look into this long delay and pass such orders as deemed fit to prevent such delays in future.
The CPIO too drew attention to his written submissions dated 19.01.2022, wherein he informed that consequent to the publicaton of the data in The New England Journal of Medicine, the applicant deposited the due amount and the information was provided vide speed post to him. Observations:
From a perusal of the documents on record, it is noted that initially the CPIO denied providing the information by invoking Sec 8(1)(j) of the RTI Act. Thereafter, the FAA vide letter dated 09.04.2020 replied suitably and showed willingness to give the information subject to two conditions as mentioned by the appellant above. Once this was fulfilled, the information was provided in December, 2020, as has been confirmed by the appellant. The appellant is now pressing for the Commisison to pass orders so that such delays do not happen in future. However, the action taken by the CPIO/FAA cannot be faulted as, they may have a requirement/ policy in the condition regarding publication by a peer reviewed journal, until which they cannot share the data. The Commission cannot interfere with the policy of the organization; therefore, no further directions can be given to the CPIO. Decision:
Since the information sought has been given and the appellant too has acknowledged this, no further action is warranted.
The appeal is disposed of accordingly.
Vanaja N. Sarna (वनजा एन. सरना) Information Commissioner (सच ू ना आयु त) 2 Authenticated true copy (अ!भ#मा$णत स&या'पत# त) A.K. Assija (ऐ.के. असीजा) Dy. Registrar (उप-पंजीयक) 011-26182594 / दनांक/ Date 3