CENTRAL INFORMATION COMMISSION
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Decision No. CIC/LS/A/2009/000809/SG/7096
Appeal No. CIC/SS/A/2010/000809/
Relevant Facts
emerging from the Appeal
Appellant : Mr. Suraj Bhan
E-57/B-464,
Sunder Nagri
Delhi- 110093.
Respondent : Asstt. Commissioner (NE) & PIO
Food Supplies & Consumer Affairs
Department, GNCTD
Weavers Colony, Nand Nagari,
Delhi 110093
RTI application filed on : 04/03/2009
PIO replied : Not mentioned
First appeal filed on : 15/04//2009
First Appellate Authority order : 08/05/2009
Second Appeal received on : 29/06/2009
Information sought with regard to :
Appellant’s complaint No. 45340020 dated 17/02/2009 for renewal of AAY ration card.
1. Daily report of the progress of the appellant’s application form
2. Name, post and contact details of all officials who handled the appellants application
and to specify the duration the application stayed with each official along with the
work done by them
3. According to the stated rules and provisions what is the specified duration taken to
complete the work on the said application. Provide copies of the rules and provisions
4. If the officials do not complete the work in the stipulated time, what are the stated
provisions and rules for the same? Provide details of the departmental duties of the
concerned officials
5. According to the given provisions and rules in how many days is the BPL card
supposed to be delivered? Provide copies of the rules and provisions
6. Even after filling the form once, why is the appellant being asked to fill the form the
second time?
7. Why is the appellant being asked to fill out the BPL form when he already has a BPL
card? Is the BPL card of the appellant been cancelled?
8. If the BPL card has been cancelled, then to specify reason for the same
9. If the appellant’s BPL card has not been cancelled, then to specify the name, post and
contact details of the official responsible for the delay in receiving the ration card
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10. In regard to not receiving the BPL card within the stipulated time by the appellant,
what is the action that is taken against the responsible official and by whom is it taken
and by when
11. In regard to this applicant, till when would the appellant receive ration.
12. By when would the BPL card be received by the appellant?
PIO’s reply:
The PIO has given replies to 11 questions. His reply is as follows:
1. There is no such daily progress report
2. Earlier officials have been transferred.
3. Action has been taken on the Appellant’s application on time.
4. Action is taken in accordance with rules
5. The time limit to make a APL ration card is 45 days. But there is no time limit to
make a BPL and AAY ration card.
6. No departmental order has been issued to re-submit Form
7. The Appellant has been found not to fall in the BPL category. Therefore,
Application was rejected.
8. and 9. As above
10. Ration can be received on the receipt until further order
11. As in No. 7
Grounds for First Appeal:
Incomplete and unsatisfactory information provided by the PIO.
Order of the FAA:
Noted that the appellant had deposited the BPL card vide acknowledgment No.432440 dt.
10/12/2008 and the aforesaid application may be expedited by the respondent and
requisite information be given to appellant within 30 days.
Grounds for the Second Appeal:
Incomplete and unsatisfactory information provided by PIO and FAA.
Decision:
The Commission has perused the documents submitted by the Appellant. The Appellant
filed a RTI Application on 04/03/2009. A reply was sent to the Appellant on 30/03/2009
by FSO Circle No. 45. The Appellant was not satisfied with the reply given by the PIO,
and he filed a First Appeal on 15/04/2009 and the First Appellate Authority held a
hearing in this matter on 06/05/2009. The hearing was attended by Ms. Veena Ganesh,
Area Inspector. The First Appellate Authority directed the PIO vide order dated
08/05/2009 to give requisite information to the Appellant within 30 days of the issue of
the order. Till the date of filing of Second Appeal, the First Appellate Authority’s order
had not been complied with.
The information sought by the Appellant falls within the definition of Section 2(f) of the
RTI Act and no exemption can be claimed to refuse disclosure by the PIO. If the
information would not have been available with the PIO or if any exemption under
Section 8(1) or 9 applied in the present case, the First Appellate Authority would have
made an observation in that respect. However, no such observation has been made. The
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Commission therefore directs the PIO & AC (NE) to comply with the order of the First
Appellate Authority before 31 March 2010.
The Appeal is allowed.
The First Appellate Authority’s order should be complied with and the complete
information query-wise should be provided to the Appellant before 31 March 2010.
The PIO/AC(NE) is directed to submit proof of sending the information to the Appellant
to the Commission before 05 April 2010.
From the facts before the Commission it is apparent that the PIO/AC (NE) is guilty of not
furnishing the complete information within the time specified under sub-section (1) of
Section 7. He further refused to obey the orders of his superior officer, which raises a
reasonable doubt that the denial of information may also be malafide. The First Appellate
Authority had clearly ordered the information to be given. It appears that the PIO’s
actions attract the penal provisions of Section 20 (1). A show cause notice is being issued
to him, and he is directed to give his reasons to the Commission to show cause why
penalty should not be levied on him before 05 April 2010.
If there are other persons responsible for the delay in providing the information to the
Appellant and for not complying with the order of the First Appellate Authority, the
PIO/AC(NE) is directed to inform such persons of the show cause notice and direct them
to submit their submissions to the Commission before 05 April 2010 to show cause why
penalty should not be imposed on them under Section 20 of the RTI Act.
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
09 March 2010
(In any correspondence on this decision, mention the complete decision number.)
(DR)
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