Central Information Commission
Pramod Goel vs Ministry Of Health & Family Welfare on 10 October, 2017
CENTRAL INFORMATION COMMISSION
August Kranti Bhawan, Bhikaji Cama Place,
New Delhi-110066
F. No. CIC/MH&FW/A/2016/297664
Date of Hearing : 06.10.2017
Date of Decision : 06.10.2017
Appellant/Complainant : Pramod Goel
Respondent : PIO/DGHS
Dy. Director Admin (Drugs)
Directorate General of Health
Services,
Through:-
Mr. Gulshan Taneja, CDSCO
Mr. Sanjeev Kumar, CDSCO
Mr. Jayant Kumar, CDSCO
Information Commissioner : Shri Yashovardhan Azad
Relevant facts emerging from appeal:
RTI application filed on : 27.04.2016
PIO replied on : 19.05.2016
First Appeal filed on : 25.05.2016
First Appellate Order on : 04.07.2016
2nd Appeal/complaint received on : 01.08.2016
Information soughtand background of the case:
Central Drug Organisation, Directorate General of Health Services issued a notice dated 30th March 2016 regarding consideration of a proposal received by Drug Controller General to replace Gelatin capsules with cellulose based capsules which are of plant-origin and are safe to use as compared to animal-based gelatin capsules.
Vide RTI application dated 27.04.2016, the appellant sought certified copy of the above said proposal. PIO vide letter dated 19.05.2016 informed the appellant that the matter is under examination of the Directorate. Being dissatisfied, the appellant filed an appeal. The FAA vide order dated 04.07.2016 disposed of the appeal with the following observations:Page 1 of 3
"The matter was examined and found that the reply of above stated RTI application had already been provided by the CPIO of this office vide even number dated 19.05.2016. However, on your appeal under section 19(I) of RTI Act, 2005 facts are mentioned as under
- With regard to enquired notice this office has received 35 proposals from the various stake holders for the clarification regarding replacement of gelatine capsules with cellulose capsules which were examined by the DTAB on 13.05.2016.
- The recommendation of DTAB has already been posted on the CDSCO website, Hence, you are requested to go through the DTAB recommendation on the CDSCO website www.cdsco.nic.in wherein it is clearly mentioned that unlike food, drugs are not taken by choice but are prescribed by the doctors to save lives and marking them as vegetarian or non-vegetarian origin is not desirable.
- HPMC capsules are basically of synthetic origin and as such cannot be considered as purely of vegetarian origin in case of food preservation."
Feeling aggrieved, the appellant approached the Commission. Relevant facts emerging during hearing:
Both parties are present for the hearing and the appellant reiterated his contentions based on the records.
Respondent states that in response to another RTI application filed by the appellant, already a copy of the proposal has been furnished to the appellant. They are ready with another copy, produced before the Commission. The Respondents are ready to provide a copy of the same once again to the appellant.
Decision:
After hearing parties and perusal of record, the Commission notes that the germane query of the appellant is the concerned proposal, which has been provided during the hearing. No further action is required in this case.
The appeal is disposed of accordingly.
(Yashovardhan Azad) Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(R.P.Grover) Designated Officer Page 2 of 3 Page 3 of 3