Central Information Commission Judgements

Mr. N.K. Philip vs Department Of Food & Supplies on 17 November, 2008

Central Information Commission
Mr. N.K. Philip vs Department Of Food & Supplies on 17 November, 2008
          CENTRAL INFORMATION COMMISSION

                                                                     Appeal No.3041/ICPB/2008
                                                                        F.No. PBC/2008/00703
                                                                            November 17, 2008

             In the matter of Right to Information Act, 2005 - Section 18
                              [Hearing on 06.11.2008 at 4.30 p.m.]


Appellant:          Mr. N.K. Philip

Public authority:   Department of Food & Supplies
                    Mr. Shamsher Singh, Asst. Commissioner & CPIO

Parties Present:    For Respondent:

Mr. Shamsher Singh, Asst. Commissioner

Mr. N.K. Philip-Appellant

DECISION

The appellant has sought information under RTI Act by his letter dated
26.5.2008 addressed to PIO, Food & Supplies Department, Noida, New Delhi
requesting information pertaining to issue of AAY Card for which he has applied
on 23.5.2007. The appellant has not received any reply to his letter. Therefore,
he has preferred an appeal on 23.5.2008. On 2.6.2008, FSO-35, Okhla Phase-1,
Delhi has given reply to his application by which he informed him they have not
been issuing AAY Card in respect of persons who were already having APL
cards. Initially BPL Cards were being converted into AAY Card. This case was
taken up for hearing on 6.11.2008, which was attended by the Assistant
Commissioner (South). During the hearing the Assistant Commissioner has
indicated they have not issued any AAY Card after 1st July, 2007. The appellant
has stated during the hearing he has applied in the month of May, 2007 itself
along with all the required papers for converting APL Card into AAY Card. The
Assistant Commissioner has stated during the hearing the appellant has to have
BPL Card first after that only he can ask for AAY Card. Whenever they are
converting APL to BPL or BPL to AAY they give necessary publicity in the local
newspapers as well as in the television and the appellant is requested to apply
during that particular time. I have noticed the CPIO has not given any reply to his
application dated 15.4.2008. I, therefore, direct the CPIO to show-cause why
penalty cannot be imposed on him under section 20(1) of RTI Act for not giving
reply within 30 days. He should send his explanation within 10 days.

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Let a copy of this decision be sent to the appellant and CPIO.

Sd/-

(Padma Balasubramanian)
Central Information Commissioner
Authenticated true copy :

(Prem Singh Sagar)
Under Secretary & Assistant Registrar

Address of parties :

1. Mr. Shamsher Singh, Asst. Commissioner & CPIO, Department of Food &
Supply, Asian Market, Pushp Vihar, Sector-3, M.B. Road, New Delhi.

2. Mr. N.K. Philip, D-5-457-A, Ratiya Marg, Sangam Vihar, New Delhi-110062

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