Central Information Commission Judgements

Mr. Vijay Kumar Tanwar vs Consumer Affairs, Food And Civil … on 2 December, 2010

Central Information Commission
Mr. Vijay Kumar Tanwar vs Consumer Affairs, Food And Civil … on 2 December, 2010
                           CENTRAL INFORMATION COMMISSION
                               Club Building (Near Post Office)
                             Old JNU Campus, New Delhi - 110067
                                    Tel: +91-11-26161796

                                                                Decision No. CIC/SG/A/2010/002794/10266
                                                                        Appeal No. CIC/SG/A/2010/002794

Relevant Facts

emerging from the Appeal

Appellant : Mr. Vijay Kumar Tanwar,
D-17/287, Sec-3,
Rohini, Delhi – 110085

Respondent : PIO & Assistant Commissioner (NW),
O/o Assistant Commissioner (NW),
Food, Supply & Consumer Affairs Deptt., Govt. of
NCT Delhi, CSC, CC Block
Shalimar Bagh, Delhi-110008

RTI application filed on : 01/04/2010
PIO replied : 06/05/2010
First appeal filed on : 25/05/2010
First Appellate Authority order : 08/06/2010
Second Appeal received on : 04/10/2010
Date of Notice of Hearing : 01/11/2010
Hearing Held on : 02/12/2010

Information Sought
The Appellant sought the following information and certified copies w.r.t.:

1. 15 Fair Price Shops, in Circle 10:

i. Daily Sales Register from 01/01/2010 to 31/03/2010.
ii. Authorization Certificate issued by the competent authority under PDS.
iii. Daily Stock Register 1/10/2009 to 31/03/2010.
iv. Inspection Book 01/03/2009 to 31/03/2010.

2. Names and residential address of all the Licensees of the PDS outlets; provide present card
allocations of SFA’s and K oils in Circle 10.

3. Certified copies of rules for appointment of salesman in PDS outlets along with his legal
rights/duties/liabilities etc.

4. Provide details list of PDS outlet wise ration cards of BPL & AAY categories in circle 10.

5. Provide certified copies of complaints received due to fake ration cards by Sultanpur Majra,
required from Jan, 2003.

6. PDS outlet wise number of pages of consumer card holders and verification reports prepared and
submitted quarterly by FPS & KOD holders to FSO Circle 10.
Reply of the Public Information Officer (PIO)

The following reply was provided on 06/05/2010:

1. Due to shortage of staff the same cannot be computed, but an inspection can be conducted and the Appellant
will have to deposit Rs.2 per page for photocopy; inspection can be conducted on every Saturday from 2pm to
50pm except on 2nd Saturdays; 10 days prior notice should be given by the Appellant.

2. List enclosed, rest pertains to HQ

3. Pertains to HQ

4. List enclosed, rest pertains to HQ

5. Pertains to HQ

6. Pertains to HQ

Grounds for the First Appeal:

Unsatisfactory and incomplete information provided by the PIO.

Order of the First Appellate Authority (FAA):
The FAA held that the information provided by the PIO is provided 8 days late and is unsatisfactory; therefore the
Respondent is directed to provide the information to the Appellant free of cost within 30 fays from the date of order.

On 06/07/2010 the PIO sent the following reply after the FAA order:
The Appellant is required to deposit Rs. 8642/- for the 4321 pages as sought in the RTI Application.

Grounds for the Second Appeal:

Unsatisfactory information provided by the PIO.

Relevant Facts emerging during the Hearing:
The following were present
Appellant: Mr. Jai Prakash Arya on behalf of the appellant.
Respondent: Mr. Anand Kumar, Deemed PIO and FSO, Dept. of Food and Supply, GNCTD

The PIO has provided about 1700 pages of information free of cost to the appellant. The Appellant points
out that the following information has not been provided so far:-

(1) Certain pages of the Sales register are missing.

(2) Information regarding query (1) sub points (ii), (iii),(iv), and query 2 to 6 has not been
provided.

Decision:

The Appeal is allowed.

The PIO is hereby directed to provide the information as mentioned above to the appellant
by 30th December 2010, as per records available. In case some records are not available, the
same will be categorically stated.

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
2nd December 2010
(In any correspondence on this decision, mention the complete decision number.)(JA)