CENTRAL INFORMATION COMMISSION
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Decision No. CIC/SG/A/2010/002910/10056
Appeal No. CIC/SG/A/2010/002910
Relevant Facts
emerging from the Appeal:
Appellant : Mr. Sirtaj Ali Khan,
H. No. 51, Gali No.4,
C- Block, Shri Ram Colony,
New Delhi- 110094
Respondent : Public Information Officer &
Assistant Commissioner (NE),
Food and Supplies Department, GNCTD,
DC Office Complex, Nand Nagri, Delhi
RTI application filed on : 09/07/2010
PIO replied on : 02/08/2010
First Appeal filed on : 11/08/2010
First Appellate Authority order : 23/08/2010
Second Appeal received on : 23/09/2010
The Appellant sought following information regarding his application(s) dated
05/03/2010 and 15/04/2010:
S. No. Information sought Reply of the Public Information
Officer (PIO)
1. Daily progress report of said Applicant had applied for ration card in
applications. Circle 52, Karwal Nagar. There were
2. Name and designation of officer who members shown in application and
took action on said application and employment was shown as shop keeper.
details of action taken by them. After limitation of constituency,
3. Name of officer who stopped residence of applicant fell in Karawal
application dated 05/03/2010 and Nagar. According to guidelines issued
reason for not taking any action on by department, BPL cards for widow,
said application. handicapped etc were made by
4. Date on which inquiry was conducted vigilance committee.
on said application and copy of report.
5. Number of BPL/AAY cards issued During departmental inquiry, it was
between period of April’2009 till date found that applicant did not fall in BPL
and separate details for card of widow, category as applicant was shop- keeper
old aged, orphans and divorcee. and security guard as well. Total 2914
6. Details of the way inquiry was BPL cards had been issued between
conducted for other class’s card. April 2009 till date by vigilance
committee.
7. If no inquiry was conducted then During inquiry it was found that
name and designation of officer who income of applicant was more than
was culprit for same and details of what was required for BPL category
action that will be taken against erring and he was not fulfilling BPL
officer. conditions. The applicant was also
8. Date by when Appellant would be having a APL card no. 52330224.
given ration card.
9. Details of officer who conducted
inquiry for BPL and AAY cards and
date and details of action that will be
taken against the erring officer.
10. Whether any action will be taken It was beyond the facts.
against the APIO who refused to
admit RTI application.
Grounds for the First Appeal:
Incomplete and unsatisfactory information provided by the PIO.
Order of the First Appellate Authority (FAA):
The FAA concluded that reply to the RTI application was given by the PIO, however, the
Appellant was not satisfied with the same. The case was remanded to the PIO & AC (NE)
with the direction to provide specific paragraph wise reply to the RTI application.
Ground for the Second Appeal:
No information was provided by the PIO despite the order of the FAA.
Decision:
The Commission has perused the documents submitted by the Appellant. The FAA has given
a clear order dated 23/08/2010 directing the PIO & AC (NE) to provide specific paragraph
wise reply to the RTI application to the Appellant. The Appellant has not been provided with
the requisite information despite the order of the FAA. The Commission therefore directs the
PIO & AC (NE) to provide the requisite information.
The Appeal is allowed. The PIO & AC (NE) is directed to comply with the order of the
FAA dated 23/08/2010 and provide specific paragraph wise reply to the RTI application
dated 09/07/2010 to the Appellant before December 13, 2010.
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 the RTI Act.
Shailesh Gandhi
Information Commissioner
November 16, 2010
(In any correspondence on this decision, mention the complete decision number.) (GJ)