CIC: PIO is advised to suo motu release the Inspection Report with remarks of inspection team held at Akal College of Pharmacy & Technical Education Gursagar Mastuana Sahib by PCI Inspection Team; PIO to submit reason for absence during hearing before CIC

Information sought and background of the case:

The Appellant filed an RTI application dated 07.02.2023 seeking information on following points:-

“Certified copy of Inspection Report with remarks of inspection team held on 29/07/2022 to 30/07/2022 at Akal College of Pharmacy & Technical Education Gursagar Mastuana Sahib, Distt. Sangrur (Punjab) by Inspection Team on behalf of P.C.I. New Delhi.”

The CPIO, Pharmacy Council of India vide letter dated 10.03.2023 replied as under:-

“….it is intimated that the information sought cannot be disclosed as per the provision u/s 8(j) of the RTI Act, 2005.”

Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 06.07.2023. The FAA vide order dated 29.08.2023 stated as under:-

“….it is intimated that the information sought cannot be disclosed as per the provision u/s 8(j) of the RTI Act, 2005.”

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

Facts emerging in Course of Hearing:

Appellant: Present

Respondent: Absent

The Submission of the Appellant were heard.

Decision:

Upon the perusal of the case records & submissions the Commission directs the CPIO to provide the information sought by the Appellant.

The said direction should be complied within 30 days from the date of receipt of this order and accordingly compliance report to this effect be duly sent to the Commission by the CPIO thereafter.

The Commission noted that voluntary disclosure of all information that ought to be displayed in the public domain should be the rule and the members of the society seeking information by filing the RTI should be an exception. An open government, which is the cherished objective of the RTI Act, can be realised only if all public offices comply with proactive disclosure norms. Section 4(2) It shall be a constant endeavour of every public authority to take steps in accordance with the requirements of clause (b) of sub-section (1) to provide as much information suo motu to the public at regular intervals through various means of communications, including internet, so that the public have minimum resort to the use of this Act to obtain information. of the RTI Act mandates every public authority to provide as much information suo-motu to the public at regular intervals through various means of communications, including the Internet, so that the public need not resort to the use of RTI Act. In this regard the CPIO is advised to suo motu release the information w.r.t the Inspection Report with remarks of inspection team held at Akal College of Pharmacy & Technical Education Gursagar Mastuana Sahib, Distt. Sangrur (Punjab) by Inspection Team on behalf of P.C.I. New Delhi. However, no information shall be furnished by the CPIO, on the official website of the department, which is exempted from disclosure under the RTI Act, 2005. In case, relevant record contains any third-party information or any other exempted information then the same must be redacted or blacked out prior to the said disclosure.

Further, the Commission at the outset takes grave exception for the unexplained absence during the hearing before the Commission. Such casual conduct of the CPIO causes unwarranted obstruction to the Appellant's right to information and is in grave violation to the provisions of RTI Act. In this regard the CPIO is directed to file a written submission detailing the reason for unexplained absence during the hearing before the Commission.

The said written explanation should reach the Commission within 15 days from the date of receipt of this order.

In the light of above directions, the Commission does not find any merits for the further intervention in the present appeal. Thus, the present appeal stands disposed off with the direction to the CPIO.

Heeralal Samariya

Chief Information Commissioner

Citation: Shri Jaswant Singh v. Pharmacy Council of India, CIC/PHRCI/A/2024/610254; Date of Decision: 01.05.2025