In the Central Information Commission
at
New Delhi
File No. CIC/AD/A/2011/001788
File No. CIC/AD/A/2011/001789
File No. CIC/AD/A/2011/001790
Date of Hearing : September 28, 2011
Date of Decision : September 28, 2011
Parties:
Appellant
1. Mohd. Islam (Appeal No. 1788)
33/2, Indira Vikas Samiti,
Kodi Colony, Tahirpur
Delhi
2. Ms. Pramila Devi (Appeal No. 1789)
24, Indira Vikas Samiti
Tahirpur,
Delhi 110 095
3. Mohd. Yaseen Pradhan (Appeal No. 1790)
25, Vikas Kusth Ashram
Tahirpur,
Delhi
The Appellants were present through their authorised representative, Dr. Kamala Upadhyaya.
Respondents
Food & Supplies Department
Government of NCT of Delhi
Delhi
Represented by: Shri Bhagat Ram, FSO
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No. CIC/AD/A/2011/001788
File No. CIC/AD/A/2011/001789
File No. CIC/AD/A/2011/001790
ORDER
Background
1. These three appealpetitions relate to the Applicants’ three separate RTIapplications (dated
25.03.2011, 25.03.2011 & 28.03.2011 respectively), filed with the PIO, Food & Supplies Department,
Nand Nagri, Delhi, through which they had sought identical information regarding status of renewal of
their ration cards, for which they had already filed several applications with the public authority and
had also submitted copies of relevant documents. These RTI applications were replied to by the PIO
on 21.04.2011 and were decided by the AA on 09.06.2011, in response to the Appellants’ 1stappeals
to him. Since the Appellants did not receive the desired information from the Respondents, they filed
the present petitions before the Commission on 21.07.2011.
Decision
2. During the hearing, the representative of the Appellants informed the Commission that the Appellants
herein are all Jhuggi Dwellers and that therefore their financial condition is very bad. It was her
argument that the public authority has failed to renew the old cards of the present Appellants despite
several applications filed in 2007 and reminders that followed and that now when they (public
authority) have been asked to tell the status of said applications of the Appellants, they have denied
the availability of records with them. The FSO, present during the hearing, while admitting the fact
that there has been some lapse on part of the department to take prompt action on the Appellants’
applications for renewal of their ration cards, agreed to take up the matter with the competent
authority for positive decision. He (FSO) also mentioned that the Government of NCT of Delhi would
soon be introducing its new policy for issuing the ration card to BPL category which would enable
them to issue new ration cards to the present Appellants. The Appellants’ representative also agreed
to submit the required documents to the PIO within 5 days of the date of hearing to facilitate issuance
of new ration cards to the Appellants.
3. Apart from what has been stated above, it is noted that in the instant case the public authority has
indeed somewhere failed to discharge its duty by not taking the required action on the Appellants’
applications to them, which resulted in unwarranted detriment to the present Appellants. Now,
therefore, the onus to rectify their mistake lies with the public authority itself and, they are also
expected to do so.
4. In view of the above, it is strongly recommended that the head of the public authority, viz.,
Commissioner, Department of Food, Supplies and Consumer Affairs, Vikas Bhavan, New
Delhi positively consider the Appellants’ case and issue permissible ration cards to them
preferably by 01.12.2011.
5. Appeals are disposed of with the above recommendation.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc:
1. Mohd. Islam (Appeal No. 1788)
33/2, Indira Vikas Samiti,
Kodi Colony, Tahirpur
Delhi
2. Ms. Pramila Devi (Appeal No. 1789)
24, Indira Vikas Samiti
Tahirpur,
Delhi 110 095
3. Mohd. Yaseen Pradhan (Appeal No. 1790)
25, Vikas Kusth Ashram
Tahirpur,
Delhi
4. The Commissioner
Department of Food, Supplies and Consumer Affairs
‘K’ Block, Vikas Bhawan, I.P. Estate
New Delhi – 110002
5. The Appellate Authority
Department of Food, Supplies & Consumer Affairs
Government of NCT of Delhi
K Block, Room No. 106, Vikas Bhavan,
I P Estate
New Delhi
6. Public Information Officer &
Assistant Commissioner (North East)
Food &Supplies Department
Government of NCT of Delhi
D C office Complex, Nandnagri,
Delhi
7. The FSO
Food &Supplies Department
Government of NCT of Delhi
D C office Complex, Nandnagri,
Delhi
8. Officer in charge, NIC