Central Information Commission Judgements

Mr. Santanu Biswas vs Dept. Of Food Supplies & Consumer … on 15 March, 2010

Central Information Commission
Mr. Santanu Biswas vs Dept. Of Food Supplies & Consumer … on 15 March, 2010
                CENTRAL INFORMATION COMMISSION
                    Club Building (Near Post Office)
                  Old JNU Campus, New Delhi - 110067
                         Tel: +91-11-26161796

                                            Decision No. CIC/SG/C/2010/000074/7157
                                              Complaint No. CIC/SG/C/2010/000074

Complainant                         :       Mr. Santanu Biswas
                                            Ch. Bhim Singh Complex
                                            Flat No.03, Second Floor
                                            Tajpur Road, Moilaraband Extn.
                                            Badarpur, New Delhi-110044

Respondent                           :      Public Information Officer/AC
                                            O/o the Assistant Commissioner (South)
                                            Dept. of Food Supplies & Consumer Affairs,
                                            GNCTD, Asian Market,
                                            Pushp Vihar, Sector-3, M.B.Road
                                            New Delhi

Facts

arising from the Complaint:

Mr. Santanu Biswas had filed a RTI application with the PIO, Food Supplies &
Consumer Affair, GNCTD on 24/11/2009 asking for certain information. On not having
received the information within the mandated time of 30 days, he filed a complaint under
Section 18 of the RTI Act with the Commission. On this basis, the Commission issued a
notice to the PIO, Food Supplies & Consumer Affair, GNCTD, Vikas Bhawan, Delhi on
27/01/2010 with a direction to provide the information to the Complainant and further
sought an explanation for not furnishing the information within the mandated time.

The Commission has received a letter dated 23/02/2010 from the PIO/AC (South)
Food Supplies & Consumer Affair, GNCTD wherein it has been stated that information
has been provided to the Complainant vide a letter dated 15/01/2010, copy of which was
enclosed. On perusal of the information it has been observed that information provided is
not categorical/point wise, thereby is incomplete. No information has been provided on
Query No.1 and Query No.2 of the RTI application. Further, the Commission has also
received a letter dated 03/02/2010 from the Complainant alleging that information
provided is incomplete.

Decision:

The Complaint is allowed.

The PIO is directed to provide the point-wise information in regard to Query
No.1 and Query No.2 of the RTI Application dated 24/11/2009 to the Complainant
before 05/04/2010.Proof of dispatch of information should be sent to the Commission
before 08/04/2010.The PIO’s action clearly amounts to denial of information without any
reasons. The PIO is therefore, asked to submit a written explanation to show cause as to
why penalty should not be imposed and disciplinary action be recommended against him
under Section 20 (1) & (2) of the RTI Act before 08/04/2010.
If the information has already been supplied to the complainant, furnish a copy of the
same to the Commission with your written submission.

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, 2005.

Shailesh Gandhi
Information Commissioner
15/03/2010

(In any correspondence on this decision, mention the complete decision number.)(SP)