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The CIC directed the drugs controller in Delhi to publish list of pharmacists working in medical stores along with their names and addresses on the department's website. This is the 180th in a series of important judgements given by former Central Information Commissioner Shailesh Gandhi that can be used or quoted in an RTI application
The Central Information Commission (CIC), while allowing an appeal complaint, directed the Public Information Officer (PIO) and assistant drugs controller in the Department of Drugs Control in Govt of National Capital Territory of Delhi (GNCTD), to provide the information sought by the appellant and also publish the same suo-moto on its website under the Right to Information (RTI) Act.
While giving the judgement on 10 June 2009, Shailesh Gandhi, the then Central Information Commissioner said, "This will also help citizens to monitor whether medical stores are following appropriate measures and whether public authority is doing its job. Dr AK Singla, drug controller, will ensure that the list of pharmacists working in medical stores along with their names and addresses shall be put up on its website before 15 August 2009, and then send the compliance report to the CIC."
Faridabad resident Rahul Sharma, on 10 January 2009, sought from the Public Information Officer (PIO) information regarding details of pharmacists working in Delhi. Here is the information he sought under the RTI Act...
1) Name, address of medical retail store along with name, address of working pharmacist in records of Drugs Control Dept, Govt of NCT of Delhi, to fulfil the requirement of Drugs and Cosmetics Act, 1940.
In his reply, the PIO said, "I am to inform you that the information sought by you is not available in the compiled form. The said information is available in the individual sales file of the firms. You may inspect the relevant files on any working days/hours with prior intimation in this department."
Not satisfied with the PIO's order, Sharma, the appellant, filed his first appeal. In his order, the First Appellate Authority (FAA) said, "I am convinced that the Link Public Information Officer of the Drugs Control Department had provided the information available with him and had even asked him to inspect the relevant files with regard to his queries."
Sharma, still not satisfied with the PIO's reply and order by the FAA, then approached the CIC with his second appeal.
During the hearing before the Bench of Mr Gandhi, the PIO stated that the details sought by the appellant (Sharma) would disproportionately divert the resources of the public authority. Hence, he has offered inspection of the records to the appellant.
Sharma stated that as per Section 4(1)(b)(xiii) of the RTI Act, 'particulars of recipients of concessions, permits or authorizations granted by it' should be suo-moto disclosed.
The PIO told the Bench that they would be able to provide names and addresses of the medical (chemist) retail stores and at present, the data of the pharmacists working in these stores is not available in collated form.
Mr Gandhi felt that there was a need for this information to be provided suo-moto by the public authority since this was definitely a very important part of information relating to medical stores in Delhi.
While allowing the appeal, he then directed the PIO to give the information about names and addresses of the medical (chemist) retail stores in Delhi to Sharma before 20 June 2009. The Bench also directed the Drugs Control Department to ensure that the list of pharmacists working in medical stores along with their names and addresses shall be put up on its website before 15 August 2009.
CENTRAL INFORMATION COMMISSION
Decision No. CIC/SG/A/2009/000907/3632
Appeal No. CIC/SG/A/2009/000907
Appellant : Rahul Sharma
Respondent : Ravi Kant
Asst. Drugs Controller & PIO
Govt of NCT of Delhi
Drugs control Department