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Decision No. CIC/SG/A/2009/002624/5908
Appeal No. CIC/SG/A/2009/002624
Relevant Facts
emerging from the Appeal
Appellant : Mr. Gauri Shankar,
S-17/171, New Sanjay Camp,
Okhla Phase I,
New Delhi- 110020.
Respondent : Mr. M.K.Sharma
Public Information Officer &
Assistant Commissioner (South)
Government of NCT of Delhi.
Consumer Affairs, Food and Supplies
Department,
O/o Asstt. Commissioner South, C Block,
Asian Market, Pusp Vihar, MB Road,
New Delhi
RTI application filed on : 11/06/2009
PIO replied : No reply.
First appeal filed on : 23/07/2009 First Appellate Authority order : 21/08/2009 Second Appeal received on : 21/10/2009 Date of Notice of Hearing : 03/11/2009 Hearing Held On : 15/12/2009 Information Sought
a) The reasons for non-renewal of Ration card especially when the duly filled form was
submitted by the Appellant on 29/11/07. Receipt no 462718.
b) Reasons for the delay.
c) The expected time when the ration card will be made and given to the Appellant.
Reply of the PIO
No reply given by the PIO.
First Appeal:
No information provided by the PIO.
Order of the FAA:
The FAA on the recommendations and facts presented by the APIO advised the Appellant to
file an appeal under Section 11 (2) of the Public Distribution Control Order, 2001 against the
office order wherein the FSO had rejected the application for renewal of BPL card. The new
appeal should be filed in the office of concerned Zonal Assistant Commissioner as per the
enclosed format along with relevant documents mentioned. The FAA further directed the
Assistant Commissioner to “dispose off the appeal” of the Appellant within 15 days of filing
the appeal.
Ground of the Second Appeal:
Non compliance of FAA’s order. No action had been taken by the Assistant Commissioner
despite FAA’s order.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Mr. Gauri Shankar;
Respondent: Mr. M.K.Sharma, Public Information Officer & Assistant Commissioner(S);
The PIO states that he has taken up the issue of providing the BPL Card to the
appellant and assured that the cards will be provided to the appellant if the eligibility exists
before 30 December 2009. The PIO is directed to send a copy of the reasons for rejecting the
BPL Card earlier to the Commission and the Appellant before 30 December 2009.
The Commission had earlier in its decision numbers: CIC/SG/A/2009/001213+1214/3969;
CIC/SG/A/2009/001960/5374 & CIC/SG/A/2009/001334/4037 directed that the names of all
applicants for various cards should be displayed on the website giving the date of application
and date of allotting the card. In case of rejection the date of rejection must be mentioned.
Inspite of repeated reminders this requirement has not been met though this is a requirement
of Section 4 of the RTI Act. If this is not met within a reasonable time the Commission will
be forced to taken action under the Act against all the officers who are responsible for
violating the law.
Decision:
The Appeal is allowed.
The PIO is directed to send a copy of the reasons for rejecting the BPL Card earlier to the
Commission and the Appellant before 30 December 2009.
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
15 December 2009
(In any correspondence on this decision, mention the complete decision number.)(RR)