Central Information Commission
Mr. Ram Dass Ailwadi vs O/O The Commissioner Of Excise, … on 26 October, 2009
CENTRAL INFORMATION COMMISSION
Club Building, Opposite Ber Sarai Market,
Old JNU Campus, New Delhi - 110067.
Tel: +91-11-26161796
Decision No.CIC/SG/A/2009/002089/5203
Appeal No. CIC/SG/A/2009/002089
Appellant : Mr. Ram Dass Ailwadi,
Crown Photstat, 130 Mall Road,
Kingsway Camp,
Delhi-110009
Respondent : Mr. Sanjeev Ahuja
Public Information officer &
Dy. Commissioner Excise
Govt. of NCT of Delhi,
O/o the Commissioner of Excise,
Entt. & Luxury Tax, L-Block,
Vikas Bhawan, I. P Estate,
New Delhi-110002
RTI application filed on : 23/03/2009
PIO replied : 22/04/2009
First Appeal filed on : 01/05/2009
First Appellate Authority order : 29/05/2009
Second Appeal Received on : 27/08/2009
Appellant sought information regarding Beer License issued to Mr. Gurinder Singh Prop. of M/s
Hot Trillion, Kingsway Camp, Delhi.
S.No Information Sought PIO Reply
1. Whether the Licence Holder fulfills the terms & Yes, M/s Hot Trillion, Shop No. 128,
conditions laid down under Punjab Excise Act, Mall Road , Kingsway Camp, Delhi-9
1914 and Delhi Intoxicants License and Sale was issued L-53 License as per the
Rules, 1976; and as per department's Public provisions of relevant Excise rules/
Notice dated 04/09/2004? guidelines.
2. Whether any information before granting the L-53 No.
License, was conveyed to the neighboring
institutions/ shopkeepers within 75 meters? If yes,
the copy of such information be provided.
3. Whether permission from area S D M or police As per the provisoions of Delhi
officials was obtained while issuing the Beer Intoxicant License and Sales Rules,
License? If yes, copy of such permission be 1976 and Reule-33(8).
provided.
4. How many employees are working in the above Excise Department does not have any
said shop? What are the actual timings of Beer, information with regard to the number
Shop & Departmental Store separately? Whether of employs at a L-53 shop. The timings
the working hours have been shown on front of for L-53 licensees/shops are 10:00am to
above said shop? 10:00 pm.
5. Whether there is any weekly holiday in the said L-53 vends are supposed to open on all
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shop? If yes, which day? If no, under what rules days except notifies dry days.
the permission is granted to open the shop seen
days a week, copy of such permission or rule be
provided.
6. Whether there are two separate segments for sale Under L-53 License a departmental
of Beer Bottles & other household products? If Store may store and sell beer/RTD
yes, the area of each segment be provided. If no, along with other items. As per the
why? addendum date 27/02/2009 beer/RTD
should be kept in 10% of total carpet
area.
7. Whether receipts/ bills are being made on As per the para 5. of Conditions for
computers through automatic decoding of bar- Grant of L-53 license, the license holder
codes through scanners in the said Departmental will ensure that the operation of L-53
Store? If no, why? vend is totally computerized having
facility of bar-code scanners. Billing
should be only through automatic
decoding of bar-codes through scanners.
8. Whether any complaints of sealing beer bottles to Yes, complaints against M/s Hot
adolescent age group received from local Police Trillion have been received from
or any person/organization? If yes, what action different persons organizations. The
has been taken on the said deptl. Store? Name & veracity of the contents of the
Address of complainants be provided. complaints are yet to be investigated.
9. Whether any complaints of consuming wine/beer However, the names & addresses of the
on Pubic place near to the said deptl. store have complainants can not be provided under
been received? If yes, what action has been taken? Rule 8(i) (g) & 8(i) (h) of RTI Act-
Name & address of complainants be provided. 2005.
10. Whether any police personnel(s) have been This Deptt. does not have any such
permanently deputed opposite the said Beer Shop information.
by Delhi Police? If no, what action has been taken
to depute the same?
Grounds for First Appeal:
Unsatisfactory replied.
Order of the First Appellate Authority:
PIO was directed to provide information to third part of questions no. 4 & 7 out of total ten
questions.
Grounds for Second Appeal:
Incomplete, misleading and false information.
Reply to third part of questions no. 4 & 7 out of total ten questions had not replied even after
FAA's order.
Relevant Facts
emerging during Hearing:
The following were present;
Appellant: Mr. Ram Dass Ailwadi;
Respondent: Mr. Sanjeev Ahuja, Public Information officer & Dy. Commissioner Excise;
The PIO is directed to provide the flowing to the Appellant:
1- Photocopies of the complaint made against the liquor shops after following the
provisions of the Section 11.
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2- Copies of inspection report of the shop.
3- Whether the department has made any request to the police department to post police
man on the road outside the liquor shop.
4- Details of any action taken by the department on complaints received against the
liquor shop.
Decision:
The appeal is allowed.
The PIO is directed to give the above information to the Appellant before 15 November 2009.
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
26 October 2009
(In any correspondence on this decision, mention the complete decision number.)Rnj
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