Pranav Mundra vs Central Drugs Standard Control ... on 25 February, 2025

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Pranav Mundra vs Central Drugs Standard Control ... on 25 February, 2025

Bench: Heeralal Samariya

                              के न्द्रीय सूचना आयोग
                     Central Information Commission
                          बाबा गंगनाथ मागग, मुननरका
                     Baba Gangnath Marg, Munirka
                      नई दिल्ली, New Delhi - 110067

नितीय अपील संख्या / Second Appeal No. CIC/CDSHQ/A/2024/600654

Shri Pranav Mundra                                        ... अपीलकताग/Appellant
                                VERSUS/बनाम

PIO,                                                  ...प्रनतवािीगण /Respondent
Central Drugs Standard Control Organization,
HQ, New Delhi

Date of Hearing                      :   20.02.2025
Date of Decision                     :   20.02.2025
Chief Information Commissioner       :   Shri Heeralal Samariya

Relevant facts emerging from appeal:
RTI application filed on          :      24.08.2023
PIO replied on                    :      14.09.2023
First Appeal filed on             :      18.09.2023
First Appellate Order on          :      04.10.2023
2ndAppeal/complaint received on   :      04.01.2024

Information sought

and background of the case:

The Appellant filed an RTI application dated 24.08.2023 seeking information on following points:-

1. "Share the copy of the Drug Rules, 1945 as on 01.01.1946

2. Share the copy of the Drug Rules, 1945 as on 01.01.1955

3. Share the copy of the Drug Rules, 1945 as on 01.01.1965

4. Share the copy of the Drug Rules, 1945 as on 01.01.1975

5. Share the copy of the Drug Rules, 1945 as on 01.01.1985

6. Share the copy of the Drug Rules, 1945 as on 01.01.1995."

The CPIO, Central Drugs Standard Control Organization, HQ, New Delhi vide letter dated 14.09.2023 replied as under:-

"Reply:- The Drugs Rules, 1945 amended from time to time is available on CDSCO official website at www.cdsco.gov.in."

Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 18.09.2023. The FAA vide order dated 04.10.2023 stated as under:-

"The information sought in the manner desired by you is not maintained by CDSCO. The copy of Drugs Rules, 1945 and the copy of various notifications of various amendments in the Page 1 Rules are available on CDSCO official website at www.cdsco.gov.in.

Further, Clarification/interpretation /opinion does not come under the definition of "Information" under section 2(f) of the RTI Act, 2005."

Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.

Written submission dated 11.02.2025 has been received from the CPIO and same has been taken on record for perusal.

Facts emerging in Course of Hearing:

Appellant: Present in person.

Respondent: Mr. Ashish Kumar, Mr. Sandeep Goswami, Mr. Ashok Yadav, ADC-I, Mr. Mahesh Kumar- participated in the hearing.

The Appellant stated that the relevant information has not been furnished to him till date. He stated that he had sought copy of Drug Rules, 1945 as on 01.01.1946, 01.01.1955, 01.01.1965, 01.01.1975, 01.01.1985, 01.01.1995 but has not been furnished to him till date.

The Respondent stated that the relevant information has been duly provided to the Appellant. They further stated that information in the manner sought by the Appellant is not maintained by CDSCO. He averred that the copy of Drugs Rules, 1945 and the copy of various notifications of various amendments in the Rules are available on CDSCO official website at www.cdsco.gov.in.

Decision:

Keeping in view the facts of the case and the submissions made during hearing, the Commission is of the view that an appropriate response as per the provisions of the RTI Act, 2005 has been provided by the Respondent. Commission notes that 'information' as defined in the section 2(f) of the Act, only refers to such material as is already available in the records of the public authority. Furthermore, the RTI Act, 2005 does not cast an obligation upon the public authority, to create or collate such non-available information and then furnish it to an applicant. Hence, no further intervention of the Commission is required in the instant matter Page 2 Appeal is disposed off accordingly.

Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-

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