In the Central Information Commission
at
New Delhi
File No. CIC/AD/A/2011/001731
Date of Hearing : September 23, 2011
Date of Decision: September 23, 2011
Parties:
Appellant
Shri Dev Raj Kathuria
H.No. 19, Jyoti Park
Near Jagdamba Hospital
Gurgaon 122001
Hayana
The Appellant was present.
Respondents
Department of Food, Supplies and Consumer Affairs
Delhi
Represented by: Shri H.P. Meena, AC(ND) and Shri Shakti Bangar, FSO
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/001731
ORDER
Background
1. The Applicant filed his RTIapplication dated 08.02.11 with the PIO, Food & Supplies Department,
New Delhi, requesting him to provide following information:
“…….Kindly provide the information that which inspector had inspected the property bearing no.
18, Krishna Market, Lajpat Nagar and which report was submitted to the department, please
provide the copy of the report.
Please also provide the information that in which month Vandana Rani used to take the ration
from Ration Shop from 1992 to 1995″.
2. Since the Applicant did not receive the desired information from the PIO despite reminders, he
filed his first appeal with the Appellate Authority on 02.05.11. Acting on this appeal of the
Appellant, the Appellate Authority passed a decision on 25.05.11 recording therein that the PIO
has already replied to the Appellant’s RTI application on 26.02.2011. From this reply, he (AA)
noted that the information sought by the Appellant could not be given to him due to non
availability of records, which pertained to the year 1992almost 20 years old. He also explained to
the Appellant that during that period this variety of records was created manually and that,
therefore, it would not be possible for them to retrieve those records now. He accordingly
endorsed the PIO’s reply. The Appellant thereafter filed the present appeal before the
Commission on 04.07.2011 calling in question the Respondents’ statement that the records
related to his RTIapplication are 20 year old as, according to him, they are only 16 to 18 years
old. He accordingly requested the Commission to look into the matter.
Decision
3. Heard submissions.
4. Since the information, perse, is admittedly not available with the Respondents, its disclosure cannot be
authorized. Moreover, the cause for nonavailability of present records is also reasonable given the fact
that they are almost 16 to 18 years old.
5. In view of the above, the present appeal cannot be allowed. Rejected.
6. It is, however, noted that the Registry of the Commission has entered the name of the Appellant as ‘Dev
Pankaj Khaturia’ in the data base which is incorrect. The correct name of the Appellant as per record is
‘Dev Raj Khaturia’. The Registry is, therefore, directed to immediately rectify its mistake.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri Dev Raj Kathuria
H.No. 19, Jyoti Park
Near Jagdamba Hospital
Gurgaon 122001
Hayana
2. The Appellate Authority
Department of Food, Supplies and Consumer Affairs
‘K’ Block, Vikas Bhawan, I.P. Estate
New Delhi – 110002
3. The Public Information Officer
& Assistant Commissioner (New Delhi)
Food & Supplies Department
‘M’ Block, Vikas Bhawan, I.P. Estate
New Delhi – 110002
4. Officer in charge, NIC
Note: In case, the Commission’s above directives have not been complied with by the Respondents, the Appellant may
file a formal complaint with the Commission under Section 18(1) of the RTIAct, giving (1) copy of RTIapplication, (2)
copy of PIO’s reply, (3) copy of the decision of the first Appellate Authority, (4) copy of the Commission’s decision, and
(5) any other documents which he/she considers to be necessary for deciding the complaint. In the prayer, the Appellant
may indicate, what information has not been provided.