CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/000998/7989
Appeal No. CIC/SG/A/2010/000998
Relevant Facts
emerging from the Appeal
Appellant : Mr. Lal Chandra,
B-210, Camp No. 2,
Beem Nagar,
Delhi- 110087.
Respondent : Mr. Chokhe Lal
Public Information Officer, &
Assistant Commissioner (North West),
Food, Supplies and Consumer Affairs,
Government of NCT of Delhi,
CSC, K-Block, Shalimar Bagh,
New Delhi- 110088.
RTI application filed on : 03/12/2009
PIO replied : 07/01/2009
First appeal filed on : 02/01/2010
First Appellate Authority Ordered on : 22/02/2010
Second Appeal received on : 21/04/2010
The Appellant wanted information in respect of non-issuance of Ration Card.
Information Sought Reply of the Public Information Officer (PIO)
Reason of non-issuance of Applicant has not confirmed to the Departmental Rules while
ration card and expected date applying for a ration card. The same can be re-applied for
of such issuance. when the Government issues JRC cards again.
Ground of First Appeal:
Unsatisfactory information received from the PIO.
First Appellate Authority (FAA) ordered:
PIO had been directed to provide correct and complete information to the appellant within 30
days from the date of order.
Ground of the Second Appeal:
Incomplete and unsatisfactory information provided by the PIO and FAA.
Relevant Facts emerging during Hearing:
The following were present
Appellant: Mr. Lal Chandra;
Respondent: Mr. Anand Kumar, FSO(C-10) on behalf of Mr. Chokhe Lal, PIO & AC(NW);
The Respondent admits that after the order of the FAA no information has been provided
to the Appellant. The Respondent claims that the information should be available with Circle-11,
Nagloi.
It appears that either Mr. Chokhe Lal PIO &AC (North West) or Mr. Ajay Arora PIO &
AC(West) are responsible for the delay in providing the information.
Decision:
The Appeal is allowed.
Mr. Anand Kumar, FSO(C-10) is directed to take the assistance of Mr. Ajay
Arora of C-11 if necessary and provide the complete information to the appellant
before 15 June 2010.
The issue before the Commission is of not supplying the complete, required information by
Mr. Chokhe Lal PIO &AC (North West) and Mr. Ajay Arora PIO & AC(West)within 30
days as required by the law.
From the facts before the Commission it is apparent that the PIOs are 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.
It appears that the 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.
Mr. Chokhe Lal PIO &AC (North West) and Mr. Ajay Arora PIO & AC(West) will present
themselves before the Commission at the above address on 29 June 2010 at 03.30pm alongwith
their written submissions showing cause why penalty should not be imposed on them as
mandated under Section 20 (1). They 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
03 June 2010
(In any correspondence on this decision, mention the complete decision number.)(SC)
CC:
To,
Mr. Chokhe Lal PIO &AC (North West) and Mr. Ajay Arora PIO & AC(West) through
Mr. Anand Kumar, FSO(C-10)