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Central Information Commission
Dr. K. V. Babu vs Medical Council Of India on 10 November, 2009
             Central Information Commission
                                                         CIC/AD/A/2009/001403
                                                       Dated 10th November, 2009

Name of the Applicant                   :   DR. K. V. BABU


Name of the Public Authority            :   MEDICAL COUNCIL OF INDIA

Background

1. The Applicant filed his RTI request on 13.06.09 with the PIO, MCI seeking information against 5 points regarding endorsement of commercial products by Indian Medical Association. The PIO, MCI replied on 01.07.09 informing the Applicant that with regard to points i) & iv) the second reminder vide letter dated 18.06.09 was sent to Dr. Dharam Prakash, Hon. General Secretary, Indian Medical Association. He enclosed a copy of the letter. With regard point ii) he stated that no reply has been received from Indian Medical Association, New Delhi till date. With regard to points iii) to v) he assured the Applicant that the matter would again be placed before the Ethics Committee in its next meeting anfd that IMA does not fall under the jurisdiction of MCI.. Being aggrieved with the reply, the Applicant filed a First Appeal on 03.08.09 requesting for further clarification with regard to the Medical Ethics in respect of endorsement by IMA. The CPIO, Ministry of Health & Family Welfare, also informed the Applicant on 06.08.09 that the Ministry has sought the comments of Medical Council of India vide letter dated 29.07.09. He requested the Applicant to approach MCI for the same. However, not satisfied with the reply from the Appellate Authority, the Applicant filed a Second Appeal before the CIC on 21.09.09 stating that IMA is endorsing food products of Pepsi and that such endorsement is unethical. He requested for clarification since he is an IMA member. He wanted to know whether endorsement of a commercial product by a medical organisation is unethical or not.

2. The Bench of Mrs. Annapurna Dixit, Information Commissioner scheduled the hearing for 10th November, 2009.

3. Mr. J.S. Bhasin, Advocate represented the Public Authority.

4. The Applicant was heard through audio conferencing during the hearing.

Decision

5. After reviewing the information provided, the Commission holds that available information has been furnished to the Appellant by PIO MCI and CPIO, Ministry. However, the Commission directs the MCI to place the issue before the Ethics Committee at its next meeting and to inform the Appellant the decision taken by the Committee. This exercise to be completed by December end 2009. In addition, the CPIO, IMA is directed to furnish the information to the Appellant by 15 December, 2009 and also to showcause why a penalty should not be imposed on him for not furnishing the reply. The response to the notice to be sent to the Commission by 20 December, 2009.

(Annapurna Dixit) Information Commissioner Authenticated true copy:

(G. Subramanian) Assistant Registrar Cc:

1. Dr. K.V. Babu Nandanam, S.S. Temple Road Payyanur, Kannur (DT) Kerala.

2. The PIO Medical Council of India Pocket - 14, Sector -8 Dwarka Phase-1 New Delhi.

3. The Appellate Authority Medical Council of India Pocket - 14, Sector -8 Dwarka Phase-1 New Delhi.


4.   Officer in charge, NIC

5.   Press E Group, CIC

6    The PIO
     Indian Medical Association
     I.M.A. House
     Indraprastha Marg,
     New Delhi-110 002