CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/002562/9902
Appeal No. CIC/SG/A/2010/002562
Relevant Facts
emerging from the Appeal
Appellant : Sri Shamsher Singh,
62, Ganga Apartments,
Alaknanda,
New Delhi-19
Respondent : The Public Information Officer & AC
O/o Asst. Commissioner,
Food & Supplies Department
Distt. South, Asain Market, Pushap Market,
New Delhi-110092
RTI application filed on : 15/06/2010
PIO replied : 23/07/2010
First appeal filed on : 23/07/2010
First Appellate Authority order : not enclosed
Second Appeal received on : 17/09/2010
Information sought: PIO’s reply
1. How many types of BPL ration cards are issued and to Only one kind of BPL ration card is
whom? issued to the one whose annual income is
Rs. 24,200.
2. Whether there are any income criteria for issue of BPL Yes, it’s issued to the one whose annual
ration cards or not. income is Rs. 24,200.
3. Which documents are required to be submitted by while Receipt of the submission of the old
applying for BPL ration cards? ration card, Identity card of 2007-08,
2008-09 or Voter I.D., electricity bill.
4. Which documents have been submitted by the applicant Query concerned with Old Circle- 54 as
Sri Mohinder Kumar, who’s been issued BPL ration card can be made out from the ration card no.
no. 7250042 registered at S.N. 308 of the register
maintained by the FPS shop situated at C Block, DDA
Slum Quarters, Kalkaji, New Delhi.
5. Provide the attested copies of the complete application Copy of the documents can be obtained
along with its enclosures submitted by Sri Mohinder from Division no.-54 Office.
Kumar for the issue of the B.P.L. ration card.
Grounds for first appeal:
Information not provided by the PIO within stipulated time.
The First Appellate Authority ordered:
Not enclosed.
Grounds for second appeal:
Dissatisfactory response from the PIO.
Relevant Facts emerging during Hearing:
Both the parties were given an opportunity for hearing. However, neither party appeared. From a
perusal of the papers it appears that most of the information has been provided to the appellant.
However with respect to query-4 & 5 the PIO has stated that the information relates to Circle-54. The
PIO should have either sought the assistance of under Section 5(4) or transferred the RTI application
under Section 6(3) to Circle-54 for providing the information.
Decision:
The appeal is allowed.
The PIO/AC is directed to obtain the information with respect to query-4 & 5 and
provide to the appellant before 15 November 2010.
The issue before the Commission is of not supplying the complete, required information by the
PIO within 30 days as required by the law.
From the facts before the Commission it is apparent that the PIO is guilty of not furnishing
information within the time specified under sub-section (1) of Section 7 by not replying within 30
days, as per the requirement of the RTI Act.
It appears that the PIO’s actions attract the penal provisions of Section 20 (1). A showcause notice is
being issued to him, and he is directed give his reasons to the Commission to show cause why penalty
should not be levied on him.
He will present himself before the Commission at the above address on 10 December 2010 at
11.30am alongwith his written submissions showing cause why penalty should not be imposed on him
as mandated under Section 20 (1). He will also bring the information sent to the appellant as per
this decision and submit speed post receipt as proof of having sent the information to the
appellant.
If there are other persons responsible for the delay in providing the information to the Appellant the
PIO is directed to inform such persons of the show cause hearing and direct them to appear before the
Commission with him.
It also appears that they persistently refused to give the information inspite of repeated reminders to
the respondent hence the Commission is also considering recommending disciplinary actions under
Section 20(2) against them.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
26 October 2010
(In any correspondence on this decision, mention the complete decision number.)(RLM)