Central Information Commission Judgements

Mr.Anil Dutt Tyagi vs Government Of Nct Of Delhi on 29 June, 2011

Central Information Commission
Mr.Anil Dutt Tyagi vs Government Of Nct Of Delhi on 29 June, 2011
                       CENTRAL INFORMATION COMMISSION
                           Club Building (Near Post Office)
                         Old JNU Campus, New Delhi - 110067
                                Tel: +91-11-26161796

                                                          Decision No. CIC/SG/A/2011/001212/13160
                                                                  Appeal No. CIC/SG/A/2011/001212

Relevant facts emerging from the Appeal:

Appellant                             :      Mr. Anil Dutt Tyagi,
                                             298/12 Chandan Vihar,
                                             West Sant Nagar, (Burari)
                                             Delhi- 110084.

Respondent                            :      Mr. Ajay Arora
                                             PIO & Asst. Commissioner (North),
                                             Food Supplies and Consumer Affairs,
                                             Govt. of NCT Delhi,
                                             23-27 Shopping Complex, Gulabi Bagh,
                                             New Delhi 110007.

RTI application filed on              :      14/02/2011
PIO replied on                        :      14/03/2011
First Appeal filed on                 :      16/03/2011
First Appellate Authority order of    :      11/04/2011
Second Appeal received on             :      04/05/2011

Sl.                             Information Sought                                    Reply of PIO
1. Month wise details of total number of applications for making BPL            Submit the amount of
    Ration card received in Sant Nagar(Burari) office of the department         Rs.264/- for 132 page in
    during the year 2009 and the acknowledgment number allotted to these        the office of the AC(N),
    application from....to ....                                                 Gulabi Bagh, Delhi-7
2. Name and designation of the officials who conducted inquiry in respect       The then FSO-Sh. K P
    of such application and name and designation of the officials/authority     Singh lnsp-Smt. Urmil
    whose approval is required for allowing/ rejecting the application.         Rastogi Insp-Sh. R K
                                                                                Anand.
3.   Out of application so received on how many applications BPL cards          Submit Rs. 100/- for 50
     have been prepared and issued. Please provide in the details in given      page in AC(N), Gulabi
     proforma:                                                                  Bagh, Delhi-7. As per
         a) Acknowledge No. and date of receipt of application.                 RTI the record is as
         b) Name of BPL card Holder.                                            available   may      be
         c) Address of BPL Card Holder.                                         provided on submission
         d) BPL Card no. issued.                                                of amount.
         e) Date of issue of BPL card.
         f) Name and designation 0f Official/Authority who approved issue
            of BPL Card.

Grounds for the First Appeal:
No information provided by the PIO.

Order of the First Appellate Authority (FAA):
The FAA observed that the PIO(North) had asked for payment of certain amount from the applicant
towards providing records available in the Department. It is clear that the same letter of the PIO has
not been received by the appellant and thus he is not apprised about action taken on his application.
The PIO (North) is directed to send the said letter to the Appellant again by Regd. Post within 10 days.
 Ground of the Second Appeal:
The reply of PIO was provided after a period of 30 days and also Rs.364/- were demanded for
furnishing the information. The complainant also complains that no opportunity of hearing was
provided to him by the FAA.

Relevant Facts

emerging during Hearing:

The following were present:

Appellant: Mr. Anil Dutt Tyagi;

Respondent: Mr. Ajay Arora, PIO & Asst. Commissioner (North);

The appellant had sought information about number of application received in Sant Nagar
(Burari) office of the Department in 2009. The PIO has given information about the applications
received vide acknowledgment no. 4082 to 6074. However, no information has been provided about
the applications which would have been received from no. 1 to 4081. The PIO is directed to obtain the
information if necessary from some other office under Section 5(4) and provide it to the Appellant
before 25 July 2011. In the event these registers have been stolen/lost, a police complaint will be made
about this giving the names of the officers who last handled these registers. In such an event the copy
of the police complaint will be provided to the Appellant before 30 July 2011.

The PIO will also provide the details of the cards which were made in the Circle-2 after March 2009
up-to-date on a CD.

Decision:

The Appeal is allowed.

The PIO is directed to provide the information as directed above to the Appellant
before 25 July 2011. If the information has not been located he will file a police
complaint as detailed above and provide a copy of the police complaint to the Appellant
and the Commission before 30 July 2011.

This decision is announced in open chamber.

Notice of this decision be given free of cost to the parties.
Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.

Shailesh Gandhi
Information Commissioner
29 June 2011
(In any correspondence on this decision, mention the complete decision number. (VV)