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Decision No. CIC/SG/A/2009/000198/2578
Appeal No. CIC/SG/A/2009/000198
Relevant Facts
emerging from the Appeal
Appellant : Mr. Rakesh Kumar Jain,
Kothi No:A-2/257, Paschim Vihar,
2nd Floor, New Delhi-110063.
Respondent : Mr. Ravi Dadhich,
OSD to Lt. Governor & PIO,
Lt. Governor's Secretariat,
Raj Niwas, Delhi-110054.
RTI application filed on : 21/11/2008
PIO replied : 16/12/2008
First appeal filed on : 26/12/2008
First Appellate Authority order : 19/01/2009
Second Appeal filed on : 04/02/2009
Appellant had sought information regarding action on letter’s on dated
10.08.2008 vide diary No. 22(1) 08 Raj Niwas/843/13475 dated 13.08.2006 and
26.09.2008 for action along with five (5) Hon’ble Supreme Court Ruling and
Photocopy of Indian Partnership Act, 1932. again reminder filed on 17.10.2008
along with photocopy of “Rule of Law”. Information are follows as:-
Particular of required information :-
1. Please tell me the daily progress made on my application so far, i.e. when did my
application reach which officer, for how long did it stay with that officer and
what did he do during that period?
2. According to the rules, action should be taken immediately as it partial, to
“Serious violation of laws” however, it is more then three months now. Please
give the names and designations of the officials who were supposed to take
action on my application and who have not done so?
3. What action would be taken against these officials for not doing their work and
for causing harassment to the public? By when would that action be taken?
4. By when would action on my application be taken now?
The PIO replied.
In this connection, it is to inform you that, the firm M/s Jayna Pharma situated at
1705/3, Onkar Bhawan, Bhagirath Palace, Delhi-110006, were granted wholesale drug
licenses on Form 20B, 21B, No. 26(691) on 16/07/98 under the sole proprietorship of
Sh. Rajesh Kumar Jain. Previously the firm was partnership firm having three partners
namely Sh. Ramlubhaya Jain, Sh. Rakesh Kumar Jain & Sh. Rajesh Kumar Jain. The
matter regarding the dispute for granting licenses to Sh. Rajesh Kumar Jain under his
proprietorship has already been decided by the Hon’ble Lt. Governer, Delhi vide his
order dated 14.07.1999 (case no. 44/1999-CA-Appeal under section 64(3) of Drugs &
Cosmetic Rules 1945) no action is pending in Drugs Control Department, Delhi.
The First Appellate Authority ordered.
“It is further mentioned that no more information is available with this
Secretariat in the above matter and there is no provision under RTI Act, that PIO of one
Public Authority would bring information from the other Public Authority and submit
the same to the appellant. Therefore, if any other information in the matter is required
the applicant can contract the concerned Department directly.
As regards action against officers who had not taken action on your application,
it is informed that there is no delay on the part of any officer/official of this Secretariat
in processing of your application.”
Relevant Facts emerging during Hearing:
The following were present
Appellant: Mr. Rakesh Kumar Jain,
Respondent: Absent
The appellant states that the respondent has stated that the letter asking for action to be
taken has been sent to the departments. The appellant states that the Drug Control and
Registrar of Firms are stating that they have not received any letter on this matter.
The PIO will give the appellant copies of the letters sent to the departments.
Decision:
The appeal is allowed.
The PIO will give the copies of the letters sent to the departments to the appellant before
30 April 2009.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
16 April 2009
(In any correspondence on this decision, mentioned the complete decision number.)