Central Information Commission
Mr.Deepak Gupta vs Ministry Of Health And Family Welfare on 31 January, 2011
In the Central Information Commission
at
New Delhi
File No: CIC/AD/C/2010/001304
Date of Hearing : January 31, 2011
Date of Decision : January 31, 2011
Parties:
Applicant
Shri Deepak Gupta
154155, IBlock
Jahangir Puri
New Delhi 110 033
The Applicant was not present during the hearing.
Respondents
The Public Information Officer
Directorate General of Health Services
O/o the DCG(I)
New Drug Division
FDA Bhawan
New Delhi
Represented by : Shri A.B.Ramteke, CPIO and Shri S.K.Kulsreshtha, T.O
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
Decision Notice
The complaint is dismissed.
In the Central Information Commission
at
New Delhi
File No: CIC/AD/C/2010/001304
ORDER
Background
1. The Applicant filed an RTI application dt.23.6.10 with the CPIO, Joint Drugs Controller (India) seeking information against 4 points including the basic criterion for fixing the maximum retail price of any drug, why there is a big gap in the MRP of an generic medicine and the cost price to chemist etc. Shri A.B.Ramteke, CPIO replied on 10.8.10 requesting the Applicant to send a Demand Draft/IPO in favour of Pay & Account Officer, DGHS, New Delhi. Being aggrieved with the reply, the Applicant filed a complaint dt.13.8.10 before CIC.
Decision
2. During the hearing, the Respondents submitted that the Appellant had paid the RTI fees through a correct IPO only on 17.8.10 which was after he had approached the Commission in the instant case with his complaint.
3. The Commission on perusal of the documents on record and after hearing the submission of the Respondent holds that the complaint is not tenable as the Complainant had not paid the RTI fees till the time he had filed the complaint .
4. Since the RTI fees was paid only much later, after the complaint was filed with the Commission it may be treated as fees towards a new RTI application. As far as the instant complaint is concerned the same is dismissed.
(Annapurna Dixit) Information Commissioner Authenticated true copy (G.Subramanian) Deputy Registrar Cc:
1. Shri Deepak Gupta 154155, IBlock Jahangir Puri New Delhi 110 033
2. The Public Information Officer Directorate General of Health Services O/o the DCG(I) New Drug Division FDA Bhawan New Delhi
3. Officer Incharge, NIC