Mr.Munni Lal vs Consumer Affairs, Food And Civil … on 30 June, 2011

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                                                          Decision No. CIC/SG/A/2011/001243/13205
                                                                  Appeal No. CIC/SG/A/2011/001243

Relevant facts emerging from the Appeal:

Appellant                             :      Mr. Munni Lal
                                             G-165, J.J Colony
                                             Bawana, Delhi- 110039.

Respondent                            :      Mr. Dhirender Kumar
                                             PIO & Assistant Commissioner (NW)
                                             Food & Supply Department, GNCTD
                                             Block- C, Pocket-C
                                             Shalimarbagh, Delhi-110088.

RTI application filed on              :      15/02/2011
PIO replied on                        :      05/03/2011
First Appeal filed on                 :      29/03/2011
First Appellate Authority order of    :      28/04/2011
Second Appeal received on             :      05/05/2011

 Sl.                      Information Sought                                     Reply of PIO
1.     With reference to my complaint dated 30/12/2010 for         Required documents for the purpose of
       rectification of name of my wife in my BPL ration card,     rectification of name were not attached
       What action has been taken on my application? Provide       with your application. Thus your
       a Daily Progress Report.                                    application has been rejected.
2.     On present day which official has my application and        It has been kept in the records of the
       for what purpose?                                           Circle Office.

3.     Which official was to take action on my application?        Circle Officer, Food & Supplies
       Provide the name, designation and address of the            Department, Circle No. 7, Bavana.
       official.
4.     If no action has been taken on my application, what         Not applicable.
       action will be taken against the responsible officer?
5.     In case of no action taken, why has no action been          As above.
       taken?
6.     Provide attested copy of all orders, circulars and          Attached.
       directions with relation to the documents required for
       rectification of name on a ration card.
7.     As per law, within how many days of submission of           Within 10 days.
       application should the error in the name be rectified?
8.     If there was some mistake in my application, was it not     It is not "material information" as per
       the responsibility of the department to notify me about     the definition of information within RTI
       the same?                                                   Act, 2005.
9.     If yes, then on which date was such a written               No written information was issued.
       notification sent? Provide an attested copy with a
       dispatch proof.
10.    If not, then provide attested copies of all related         Kindly provide the Order no. and date.
       departmental instructions, orders and circulars.
11.    For the purpose of rectification of name I had attached a   A list of required documents for
       copy of the ID Proof of my wife and of the previous         rectification of name has been attached.
          ration card. Can a rectification be made on the basis of
         these documents?

12.      If yes, then due to which officer's negligence was the Not applicable.
         rectification not made? Provide the name, designation
         and address of such official.
13.      If not, then why? Provide full explanation.            -
14.      By when will the error in the name of my wife be -
         removed from the ration card?

Grounds for the First Appeal:
No information provided by the PIO.

Order of the First Appellate Authority (FAA):
The FAA observed that substantial information had been provided by the APIO. However, it appears
that the information sent by APIO to PIO(NW) was not further forwarded to the applicant by
PIO(NW) which is confirmed after going through the First Appeal application of the Appellant
wherein he had mentioned that no information has been received by him from the office of PIO(NW).
The further directed the PIO(NW) to send a copy of information to the Appellant within 10 days
through Regd. Post even though it had already been sent.

Ground of the Second Appeal:
Information provided by the PIO is unsatisfactory, incomplete and wrong.
Note: The appellant also claims that the FAA passed the order without giving the appellant an
opportunity for hearing.

Relevant Facts

emerging during Hearing:

The following were present
Appellant : Mr. Mohammed Anzar representing Mr. Munni Lal;
Respondent : Mr. Anand Kumar Baraik, FSO(C-07) on behalf of Mr. Dhirender Kumar, PIO &
Assistant Commissioner (NW);

The PIO has provided the information but the Appellant claims that one annexure has not been
provided. The PIO is providing the said annexure to the Appellant.

Decision:

The Appeal is disposed.

Information available has been provided.
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
30 June 2011
(In any correspondence on this decision, mention the complete decision number.) (JK)