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7. For Cycloserine and Linezolid: First lot delivered. Remaining Information cannot be shared under Section 8 (1) (d) of RTI Act.
8. & 9. This question is not pertained to CMSS. Information may be sought from the concerned division/department."

Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 06.11.2023. The FAA vide order dated 04.12.2023 upheld the reply of CPIO against point No. 3 to 9 of the RTI application. With regard to point no. 1 and 2 of the RTI application replied as under:-

1.Drug procurement in CMSS is done in compliance with GFR rules and other guidelines issued by the Government time to time.

Regarding procurement process, it is to say that the information sought in this query does not constitute 'Information' within the provision of Section 2(f) of the RTI Act. Act, 2005.

Page 2 As per Section 2(f) of the RTI Act, 2005, 'Information' means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force. Please note that the CPIO and the Appellate Authority are not expected to create information, or interpret the information in any manner.

2. Information about pre-bid meeting (if scheduled) under tenders (for drug procurement) floated by CMSS is provided in the bid document which is available on open platforms I.e. GeM, CPPP and CMSS website.

Corrigendum (if any) after the pre-bid meeting is provided/uploaded under the respective tenders available on the open platform Le. GeM, CPPP and CMSS website.

Remaining information cannot be shared under Section 8 (1) (e) of RTI Act.

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