CENTRAL INFORMATION COMMISSION
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Decision No. CIC/SG/C/2010/000392/7857Adjunct
Complaint No. CIC/SG/C/2010/000392
Complainant : Mr. Harpal Singh Rana
A-1, Village, Kadipur,
Delhi-110036
Respondent : Assistant Commissioner (North),
GNCTD, Deptt. of Food, Supplies and
Consumer Affairs, 23/26, Shopping
Complex, Gulabi Bagh, Delhi.
Facts
arising from the Complaint:
Mr. Harpal Singh Rana filed a RTI application with the PIO, O/o the Asstt.
Commissioner (North), Consumer Affairs, Food and Civil Supplies, GNCTD, Delhi on
05/02/2010 asking for certain information. However on not having received further information
within the mandated time, the Complainant filed a complaint under Section 18 of the RTI Act
with the Commission. On this basis, the Commission issued a notice to the PIO, O/o the Asstt.
Commissioner (North), Consumer Affairs, Food and Civil Supplies, GNCTD, Delhi on
26/03/2010 with a direction to provide the information to the Complainant and further sought an
explanation for not furnishing the information within the mandated time.
The Commission has neither received a copy of the information sent to the Complainant,
nor has it received any explanation from the PIO for not supplying the information to the
Complainant. Therefore, the only presumption that can be made is that the PIO has deliberately
and without any reasonable cause refused to give information as per the provisions of the RTI
Act. Failure on the part of the PIO to respond to the Commission’s notice shows that there is no
reasonable cause for the refusal of information.
Decision dated 25/05/2010:
The Complaint was allowed.
“In view of the aforesaid, the PIO is hereby directed to provide the complete information
in regard to the RTI Application dated 05/02/2010 to the Complainant before 15/06/2010 with a
copy to the Commission. From the facts before the Commission, it appears that you have not
provided the correct and complete information within the mandated time and has failed to
comply with the provisions of the RTI Act. The delay and inaction on the PIO’s part in providing
the information amounts to willful disobedience of the Commission’s direction as well and also
raises a reasonable doubt that the denial of information may be malafide.
The PIO is hereby directed to present himself before the Commission on 21/06/2010 at
10.30 am along with his written submissions to show cause why penalty should not be imposed
and disciplinary action be recommended against him under Section 20 (1) and (2) of the RTI
Act. Further, the PIO may serve this notice to such person (s) who are responsible for this delay
in providing the information, and may direct them to be present before the Commission along
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with the PIO on the aforesaid scheduled date and time. If the information has already been
supplied to the complainant, bring a copy of the same to the Commission with your written
submissions, and also proof of seeking assistance from other person(s), if any.”
Relevant facts emerging during showcause hearing dated 21/06/2010:
Respondent: Mr. Kanwar Pal Singh, FSO, Circle-02
The deemed PIO & FSO, Circle-02 Mr. Kanwar Pal Singh has stated that he received the
RTI application dated 05/02/2010 through the PIO & AC (North) on 19/02/2010, wherein the
Complainant had sought information regarding 62 applications of various applicants for fresh
APL/BPL cards, addition/removal of names or alteration in applications. He has further stated
that he had sent the initial reply dated 15/03/2010 to the Complainant stating that the information
sought was related to third party, hence it could not be provided. Further the Complainant filed a
First Appeal on 18/03/2010. The deemed PIO has also stated that a para-wise reply was also
provided to the Complainant on 03/04/2010. Subsequently, the FAA allowed the Appeal on
12/05/2010 and directed the PIO to facilitate an inspection of the relevant record and provide
copies of requested record to the Complainant. The deemed PIO Mr. Kanwar Pal Singh has
further submitted that as per the Commission’s order dated 25/05/2010 a fresh para-wise detailed
reply has been provided to the Complainant on 15/06/2010.
On perusal of the documents, the Commission has observed that various persons had filed the
application regarding different issues as issuing fresh BPL/APL cards etc. and had received no
reply. Subsequently, the Complainant had filed an RTI application, wherein he had asked about
the fate of various applications filed by different persons. Further, the deemed PIO has provided
the information in bits and pieces but no daily progress report of the various applications has
been provided to the Complainant till date. However, the Public Authority must provide details
of application for ration cards suo moto under Section 4 and if any of the applications are
refused, these must also be declared on its website. Reasons for refusal must also be displayed.
Therefore, the Public Authority has failed in its duty to provide such information.
Moreover, the Commission had already issued an order dated 6 July 2009 directing the PIO &
Asst. Commissioner (North West) to put up on the website the names of those who apply for
ration card, dates on which they apply and dates on which ration cards are issued. If any
applications are rejected this should also be put up with reasons for rejection. The PIO was
directed to comply with this order before 15 August 2009.
Adjunct Decision dated 21 June 2010:
The deemed PIO Mr. Kanwar Pal Singh is directed to provide the complete and Correct
information regarding Query no 1 of the RTI application dated 05/02/2010 to the Complainant
before 15/07/2010. Further, the Commission directs all the PIOs & the Assistant Commissioners
of all the zones to put up on the website the following information in the desired format:
Circle No …..
Sl Name of the Date of submission of Date of Reasons for rejection
No: Applicant who application for issue of Issue of of the application for
applies for the ration card (fresh, renewal Ration ration card, if any.
Ration Card etc) Card.
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The above mentioned information should be put up on the website circle wise and for all
applications submitted after 01 July 2010 for all the circles before 25 July 2010. This
information must be updated every week. The Commission has earlier given orders to some
Circles to display this information but these orders have not been complied with. The
Commission will now take punitive measures against PIOs who default in implementing his
order.
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, 2005
Shailesh Gandhi
Information Commissioner
21 June 2010
CC: Assistant Commissioner (HQ/RTI),
GNCTD, Deptt. of Food, Supplies and
Consumer Affairs, K Block, Vikas Bhawan,
IP Estate, New Delhi.
Assistant Commissioner (North East),
GNCTD, Deptt. of Food, Supplies and
Consumer Affairs, Weavers Complex, Nand
Nagari, Delhi.
Assistant Commissioner (West),
GNCTD, Deptt. of Food, Supplies and
Consumer Affairs, 152 C Block, Janakpuri,
Delhi.
Assistant Commissioner (North West),
GNCTD, Deptt. of Food, Supplies and
Consumer Affairs, C Block, Pocket C,
Shalimar Bagh, Delhi.
Assistant Commissioner (New Delhi),
GNCTD, Deptt. of Food, Supplies and
Consumer Affairs, M Block Vikas Bhawan,
IP Estate, Delhi.
Assistant Commissioner (South),
GNCTD, Deptt. of Food, Supplies and
Consumer Affairs, Asian Market, Sector 3,
Pushp Vihar, New Delhi.
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Assistant Commissioner (Central),
GNCTD, Deptt. of Food, Supplies and
Consumer Affairs, K Block, Vikas Bhawan,
IP Estate, New Delhi.
Assistant Commissioner (East),
GNCTD, Deptt. of Food, Supplies and
Consumer Affairs, DDA Shopping
Complex, Dayanand Vihar, Delhi.
Assistant Commissioner (South West),
GNCTD, Deptt. of Food, Supplies and
Consumer Affairs, C22/23,
Behind Qutub Hotel, Mehrauli, Delhi.
The Food Commissioner
Department of Food & Supplies
Govt. of NCT Delhi, K-Block, Vikas
Bhawan, New Delhi 110002
(In any correspondence on this decision, mention the complete decision number.)(RA)
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