Central Information Commission Judgements

Mr. Rahul Sharma vs Drugs Control Department, Govt. … on 30 April, 2009

Central Information Commission
Mr. Rahul Sharma vs Drugs Control Department, Govt. … on 30 April, 2009
                CENTRAL INFORMATION COMMISSION
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                                            Decision No. CIC /SG/A/2009/000443/3013
                                                   Appeal No. CIC/SG/A/2009/000443

Relevant Facts

emerging from the Appeal:

Appellant                            :      Mr. Rahul Sharma,
                                            House No. 536, Sector-37,
                                            Faridabad.

Respondent                           :      Mr. A. Sen
                                            PIO
                                            Govt. of NCT of Delhi
                                            Drugs Control Department
                                            F-17, Karkardooma
                                            Delhi-110032.

RTI application filed on             :      17/12/2008
PIO replied                          :      06/01/2009
First Appeal filed on                :      13/01/2009
First Appellate Authority order      :      ..............
Second Appeal filed on               :      14/03/2009

Kindly provide following information under RTI Act, 2005:-

1. Name, Address, worked/working duration of all retail Pharmacist (Female)
with name & address of Retail Medical Stores and Registered by Drugs
Control Deptt. (Govt. of NCT of Delhi) to fulfill the mandatory requirements
under Drugs & Cosmetics Act, 1940.

2. Name, Address of all female Pharmacists who had resigned from the post of
Retail Pharmacist during 2005-08 with Name, Address of the Retail Medical
Stores.

The PIO replied.

Reference to your application date 17.12.2008, received in this office on
21.12.2008, on the subject cited above. In this connection, I am to inform you that as per
the information made available by the department to me, the information sought by you
relating to appointment of Female Retails Pharmacists in retails medical stores licensed
by this department is at present not available in the department in a compiled form. It is
not possible to compile the information at present as it would disproportionately divert
the resources of the department. You may therefore, visit this department and inspect the
records relating to your queries.

The First Appellate Authority ordered:

The First Appellate Authority ordered “I have carefully gone through the facts of
the case and am convinced that the PIO had provided the information available with him
and the department is not in a position to find, sort, collate, compile such
records/information.”

Relevant Facts emerging during Hearing:

The following were present
Appellant : Mr. Rahul Sharma,
Respondent : Mr. P.K. Jaggi PIIO
The data compliation as required by the appellant would require a lot of manpower and
resources. The appellant insists that the PIO should compile the data and give it to him.
The PIO had offered the appellant an inspection of the records under Section 7 (9), which
he did not take. The appellant now says he is willing to inspect the records.

Decision:

The appeal is dismissed.

The PIO is directed to facilitate an inspection of the records on the charges as specified in
the rules.

This decision is announced in open chamber.

Notice of this decision be given free of cost to the parties.

Shailesh Gandhi
Information Commissioner
30 April, 2009

(In any correspondence on this decision, mentioned the complete decision number.)