CENTRAL INFORMATION COMMISSION
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Decision No. CIC/SG/A/2010/003295/10798
Appeal No. CIC/SG/A/2010/003295
Relevant Facts
emerging from the Appeal:
Appellant : Mr Jagat Pal,
B-1640, Metro Vihar,
Phase II, Holambi Kala,
Delhi-110082
Respondent : Mr. Ajay Aora,
Public Information Officer &
Assistant Commissioner (North West)
Food and Supplies Department
Govt. of NCT of Delhi,
CC Block, Shalimar Bagh, Delhi-110088
RTI application filed on : 31/03/2010
PIO replied : 24/04/2010
First appeal filed on : 22/07/2010
First Appellate Authority order : 16/08/2010
Second Appeal received on : 24/11/2010
The Appellant sought following information regarding his letter/application dated 05/12/2007 and complaint dated
29/09/2009:
S.No Information Sought Reply of the PIO
1. Name, post, address and phone no. of the Appellant’s application dated 05/10/2010 had been
official who had his application. submitted to Circle Office for AAY Card. Rs. 10/- has
deposited under TR-V dated 05/10/2007. the form said
above had been submitted to Shr R K Dahiya, Food and
Supplies Dept. his phone no. is 27282306
2. Daily progress report on the said Your application is sent to M/S Virgo Co. Card is not
applications. made.
3. Name, post and address of the official who After taking complete action by said official, the
had to take action on the said applications. application has been sent to Virgo Co.
4. What will an action be taken by the Pertains to Vigilance Dept.
department against the officials responsible
for not doing their duties?
5. By which date Appellant may get Ration The application has been sent for making Ration Card.
Card. Inform time period specified for After making, the Appellant will be informed. May be
issuing the Ration Card. contact to circle office.
First Appeal:
Incomplete, misleading information and not within stipulated time.
Order of the FAA:
“The PIO/Ac (NW) is directed that a duplicate card of the Appellant may be reprinted and should be issued to him
within 15days of the issue of this order.”
Ground of the Second Appeal:
Incomplete and misleading information.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Absent;
Respondent: Mr. Dharam Vir, FSO(C-I) and Mr. Ajit Singh, FSO(C-3) on behalf of Mr. Ajay Aora, PIO
& AC(NW);
The Appellant had applied for renewal of the AAY Card on 05/12/2007 and has sought the status of his application
through this RTI application. The PIO had informed him that his application has been approved and it has been sent
to M/s Virgo for printing the ration card. Based on this since some of the information has not been provided the
First Appellate Authority (FAA) Mr. R. T. L. D’souza has on 16/08/2010 had ordered that a duplicate card should
be printed and issued to the Appellant within 15 days. The Respondent has produced before the Commission
evidence that the card was never approved and there is only a scribble on the application form saying “Invalid”. It
thus appears that this application was declared invalid without any reasons. The Respondent states that there is no
reason on the record.
It is evident that complete false information has been provided to the Appellant. The Respondent states that the
person responsible for providing the false information was provided by Mr. Ajit Singh the then APIO/Link Officer
(FSO-C-7). Mr. Ajit Singh states that he was given the false information by Mr. Jagdish Kumar, Area Inspector.
Given the very peculiar circumstances of this case the Commission directs Mr. R. T. L. D’souza, Additional
Commission/FAA to inquire into this and provide the correct information to the appellant before 30 January 2011.
Decision:
The Appeal is allowed.
The Commission directs Mr. R. T. L. D’souza, Additional Commission/FAA to inquire into
the matter and provide the correct information to the Appellant and the Commission before 30
January 2011.
The issue before the Commission is of providing false information by the deemed PIOs Mr. Ajit Singh and
Mr. Jagdish Kumar Area Inspector.
From the facts before the Commission it is apparent that the deemed PIOs are guilty of furnishing false
information. It appears that the deemed PIOs actions attract the penal provisions of Section 20 (1). A showcause
notice is being issued to them, and they are directed give their reasons to the Commission to show cause why
penalty should not be levied on them. Deemed PIOs Mr. Ajit Singh and Mr. Jagdish Kumar Area Inspector will
present themselves before the Commission at the above address on 27 January 2011 at 03.00PM alongwith their
written submissions showing cause why penalty should not be imposed on them as mandated under Section 20 (1).
If there are other persons responsible for the delay in providing the information to the Appellant the PIO is
directed to inform such persons of the show cause hearing and direct them to appear before the Commission
with them.
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
06 January 2011
(In any correspondence on this decision, mention the complete decision number.) (ST)
CC: To,
1- Mr. R. T. L. D’souza, Additional Commission/FAA through Mr. Ajay Arora, PIO & AC
2- Mr. Jagdish Kumar Area Inspector through Mr. Ajay Arora, PIO & AC;