Central Information Commission Judgements

Mr.Ramkhiladi vs Government Of Nct Of Delhi on 30 May, 2011

Central Information Commission
Mr.Ramkhiladi vs Government Of Nct Of Delhi on 30 May, 2011
                         CENTRAL INFORMATION COMMISSION
                             Club Building (Near Post Office)
                           Old JNU Campus, New Delhi - 110067
                                  Tel: +91-11-26161796

                                                               Decision No. CIC/SG/A/2011/000733/12582
                                                                       Appeal No. CIC/SG/A/2011/000733

Relevant Facts

emerging from the Appeal

Appellant : Mr. Ramkhiladi,
Khasra no. 262, Gali no. 6,
Swoli khadda Delhi 110093

Respondent : Mr. R. K. Meena
Public Information Officer & AC(NE)
Office of the Assistant Commissioner(NE)
Food and Supplies Department, GNCTD
D.C. Office Complex, Bunkar Complex,
Nand Nagri, Delhi.

RTI application filed on                 :       20/10/2010
PIO replied                              :       18/11/2010
First appeal filed on                    :       25/11/2010
First Appellate Authority order          :       16/12/2010
Second Appeal received on                :       07/03/2011

S.No              Information sought by the appellant                                Reply of the PIO
1.     Who has cancelled ration card no. BPL 46270036. Give             Computer is showing the status(B) of BPL

his name and designation. 46270036. Copy is enclosed of same.

2. If ration has not been cancelled then why did shopkeeper Ration is not coming for closed card
and kerosene oil depot. has stopped giving ration? therefore shopkeeper isn’t giving ration.

3. Give the reasons for cancellation of ration card. Departmental enquiry takes place time to
time.

4. When was ration card rejected and ration was closed? According to the order of head department.

Provide available report.

5. Give reasons for not giving ration by ration shopkeeper and When ration doesn’t come for card and when
kerosene oil depot.

6. How many cards are under BPL/AAY which are kept at One can come to public audit on any
shop no. 4624 after attestation and there ration and Saturday except months second Saturday
kerosene is not coming. Give the attested list of this kind of from 3 to 4 ‘o’ clock to see the record. of
cards. shops

7. Why the aforesaid card after attestation is suddenly It is done by Vigilance branch of department
cancelled? of which status(B) is shown by computer.

8. Whether there is any time limit for the availability of There is no time limit for getting ration.

ration/kerosene in ration shops after making the new BPL
card? If yes

9. How many cards are there in circle 68 of which ration or One can come to public audit on any
kerosene oil is not available. Give the attested list of these Saturday except months second Saturday
shop wise card from 3 to 4 to mandal office to see the
record.

Grounds of the First Appeal:

The information provided is not satisfactory as it is incorrect.

Order of the FAA:

The PIO/ Asst. Commissioner(North-East) is directed to furnish point wise & specific reply of the said
RTI Application dated 20/10/2010, stating the reasons why the BPL Ration Card no. 46270038 of the
appellant has been cancelled. The reply must be furnished by the PIO within 07 days of issue of this
order.

Relevant Facts emerging during Hearing:

The following were present
Appellant : Absent;

Respondent : Mr. Kanwar Pal Singh, FSO(C-68) on behalf of Mr. R. K. Meena, PIO & AC(NE);

The FAA had ordered that specific point information should be provided and particularly the
reasons why BPL card no. 46270036 of the Appellant had been cancelled should be provided within
07 days. No information was provided to the Appellant and the respondent claims that information had
been sent on 27/05/2011 by speed post receipt no. ED970800775IN. The reason given for cancellation
of the ration card is “many ration cards are cancelled like this and are renewed after the appellant files
an application”. No rational reasons have been given to canceling a BPL Card.

The Commission wishes to inquire into the reasons for this extraordinary delay in providing
information after the order of the FAA. The Commission also notes that no rational answer has been
given for the cancellation of the BPL Card. The Commission is therefore instituting an inquiry into
this as per Section 18(2) of the RTI Act.

The Respondent states that around 1.5Lakh cards have been cancelled without any reasons and only
about 50% of them have been started now. If about 70000 cards have been cancelled without any
reasons this would lead to huge number of RTI applications being filed.

The Commission wishes to inquire into this matter and therefore summons Mr. V. K. Jain, Special
Commissioner, and the Food Commissioner to appear before the Commission on 20 June 2011 at
04.30PM.

Decision:

The Appeal is allowed.

The information appears to have been provided but no rational reason has been
given for cancellation of the ration card.

The Commission summons the Food Commissioner, Mr. V. K. Jain (Special
Commissioner), PIO Mr. R. K. Meena and FSO
(C-68) Mr. Kanwar Pal to appear before
the Commission on 20 June 2011 at 04.00PM.

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 May 2011
(In any correspondence on this decision, mention the complete decision number.) (AA)

Copies to :

     1-         The Food Commissioner
                Food and Supplies Department, GNCTD
                K-Block, Vikash Bhawan,
                I.P. Estate, New Delhi

     2-         Mr. V. K. Jain,
                Special Commissioner
                Food and Supplies Department, GNCTD
                K-Block, Vikash Bhawan,
                I.P. Estate, New Delhi