In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/000945
Date of Hearing : June 23, 2011
Date of Decision : June 23, 2011
Parties:
Applicant
Dr.Anand Rai
C/o Advocate Subhash Upadhyay
118 Radio Colony
Residency Area
Indore 452 001
The Applicant was heard through audio.
Respondents
Directorate General of Health Services
O/o the DCG(I)
New Drug Division
FDA Bhawan
New Delhi
Represented by : Shri M.Mitra, DDC(I)
Shri A.K.Pradhan, DDC(I),
Shri Sunil Kulsreshtha, T.O
Shri Rishi Kant Singh, Legal Consultant
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/000945
ORDER
Background
1. The Applicant filed an RTI Application dt.23.12.10 with the CPIO, CDSCO seeking the following
information:
i) Certified copy of Rules & Regulations regarding issuing of manufacturing License of any
‘New Drug’ approved by DCGI/CDSCO/MOHFW/GoI.
ii) Whether any Clinical Trial/Examination Test/ Analysis/Study was done in India for the use of
drug TADALAFIL(PDE5 inhibitor) 2mg in the treatment of Pulmonary Artery hypertension
Shri A.B. Ramteke, CPIO returning the Application on 10.1.11 to the Applicant while requesting him
to deposit the Application fees as per the mode of payment prescribed by RTI (Fee and Cost) Rules,
2005. The Applicant filed an appeal dt.29.1.11 with the Appellate Authority reiterating his request for
the information. On not receiving any reply, he filed a second appeal dt.7.3.11 before CIC.
Decision
2. During the hearing, the Respondents submitted that the RTI fee was received on 18.1.11 and
information was supplied on 10.6.11. The Appellant who was heard over the phone, expressed his
satisfaction with the information but complained about the delay that had taken place .
3. The Commission holds that as far as the information part is concerned, the same has been provided
and that the Respondent is under no obligation to provide any other additional information.
4. The PIO, however, is directed to show cause as to why a penalty of Rs.250/ per day (Maximum
Rs.25000) should not be levied on him/her for not responding to the RTI application within the
stipulated time period. He/She is directed to submit his/her written response to the Commission by
30.7.11.
5. The complaint to continue.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc:
1. Dr.Anand Rai
C/o Advocate Subhash Upadhyay
118 Radio Colony
Residency Area
Indore 452 001
2. The Public Information Officer
Directorate General of Health Services
O/o the DCG(I)
New Drug Division
FDA Bhawan
New Delhi
3. The Appellate Authority
Directorate General of Health Services
O/o the DCG(I)
New Drug Division
FDA Bhawan
New Delhi
4. Officer in charge, NIC