CENTRAL INFORMATION COMMISSION
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Tel: +91-11-26161796
Decision No. CIC/SG/A/2011/001469/13546
Appeal No. CIC/SG/A/2011/001469
Relevant facts emerging from the Appeal:
Appellant : Mr. Joginder Dahiya
President,Federation of Narela Sub-city
Gali No.15,Sanjay Colony
Safiyabad Road,Narela
New Delhi-110040
Respondent : Mr. Dhirender Kumar
PIO & Assistant Commissioner
Department of Food & Consumer Affair
Government of NCT of Delhi
CSC:CC Block, Shalimar Bagh
New Delhi
RTI application filed on : 12/03/2011
PIO replied on : 26/03/2011; 01/04/2011;
First Appeal filed on : 30/04/2011
First Appellate Authority order on : --------------
Second Appeal received on : 01/06/2011
Information Sought:
1. How many BPL cardholder and Normal Cardholders are present in Narela Vidhan Sabha Region?
Please furnish information regarding the no. of BPL and Normal Cardholder in the year 2001.
2. How many Ration Shops and Kerosene Oil Depot were there in the year 2001?
Please furnish information regarding the no. of Ration shops and Kerosine oil present in the year
2011.
3. Please provide a list of the details that how much quantity of sugar, rice, wheat and cereals issued
for the BPL and Normal cardholder.
4. How many staff are appointed in Narela Food and Supply Department and how many are there at
present and how many post are vacant? How long will it take to fill the post? Please furnish a
complete details to the Appellant.
5. What is the duration of working at Narela Food and Supply Department and How long does the
officers remain present? Please furnish the complete information of the same.
6. How long does it take to get a new Ration card after submitting the Application for the same? How
many application has been received for the new Ration card dated from 1 January,2011 to 28
February,2011 and how many have become the beneficiary? Plesae furnish complete details of the
same.
7. Please furnish information regarding as to how long does it take make certain changes in the
Consumer Ration Card.
8. How many Ration shops and Kerosine oil have been inspected by the Food and Supply officers
since 1st January,2011 to 28th February,2011 and whether any action has been taken against any of
the shop or depot. Please provide the Appellant with complete information.
PIO Reply: Dated 26/03/2011
1.The requisite fee as prescribed under RTI rules has not been paid. However the grievances has been
forwarded to the concerned PIO.
PIO dated 01/04/2011 replied:
1.The Appellant could visit the office of the department on any working day and receive requisite
information.
Grounds for the First Appeal:
No information received even after the payment of the Postal order.
Order of the First Appellate Authority (FAA):
Not mentioned.
Ground of the Second Appeal:
No requisite information furnished by the PIO and no order passed by the FAA.
Relevant Facts
emerging during Hearing:
The following were present
Appellant : Mr. Joginder Dahiya;
Respondent : Absent;
The Appellant states that he has received no information.
Decision:
The Appeal is allowed.
The PIO is directed to provide the complete information to the Appellant before
10 August 2011.
The issue before the Commission is of not supplying the complete, required information by the PIO
within 30 days as required by the law.
From the facts before the Commission it appears that the PIO is guilty of not furnishing information
within the time specified under sub-section (1) of Section 7 by not replying within 30 days, as per the
requirement of the RTI Act. He has further refused to obey the orders of his superior officer, which raises
a reasonable doubt that the denial of information may also be malafide. The First Appellate Authority has
clearly ordered the information to be given.
It appears that the PIO’s actions attract the penal provisions of Section 20 (1). A showcause notice is
being issued to him, and he is directed give his reasons to the Commission to show cause why penalty
should not be levied on him.
He will present himself before the Commission at the above address on 18 August 2011 at 10.30am
alongwith his written submissions showing cause why penalty should not be imposed on him as mandated
under Section 20 (1). He will also submit proof of having given the information to the appellant.
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 him.
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
19 July 2011
(In any correspondence on this decision, mention the complete decision number.) (SB)