CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/002745/10212
Appeal No. CIC/SG/A/2010/002745
Relevant Facts
emerging from the Appeal
Appellant : Mr. Virender
A-204, Navjeevan Camp
Kalakaji
New Delhi 110019
Respondent : Public Information Officer
O/o Asstt. Commissioner (South)
Food & Civil Supplies, GNCTD
Asian Market, Sector 3
Pushp Vihar, New Delhi-110017
RTI application filed on : 27/07/2009
PIO replied : not enclosed
First appeal filed on : 24/09/2009
First Appellate Authority order : 16/10/2009
Second Appeal received on : 29/09/2010
Information Sought
The Appellant sought information (w.r.t. Complaint dated 07/03/2009, BPL ration card):
1. Provide the daily progress report of the complaint
2. Name and designation of the officers who have taken any action on the file
3. What action will be taken against the officers who fail to carry out their duty; and by when will
such action be taken?
4. By when will any action be taken on my complaint/case
Reply of the Public Information Officer (PIO)
Not enclosed
Grounds for the First Appeal:
No information provided by the PIO
Order of the First Appellate Authority (FAA):
In the order of FAA the AC South has stated that the said application will be prepared only after the
recommendation of the Vigilance Committee and the PIO has also stated that the Appellant may appeal to
the AC South under clause 11(2) of the PDS(Control) Order, 2001 for not having received the ration card.
Grounds for the Second Appeal:
No information provided by the PIO and unsatisfactory disposal of the case by the FAA.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Mr. Virender;
Respondent: Absent;
The Appellant had filed for BPL Ration Card on 04/12/2007. Since he did not get the card he filed
an appeal on 07/03/2009. Since he got no reply he filed an RTI application seeking to know the action
taken on his ration card application. The Appellant has received no information on his RTI application.
Decision:
The Appeal is allowed.
The PIO is directed to provide the action taken on the Appellant’s ration card
application in the following format before 20 December 2010:
Date on which Name and designation Action Date on which forwarded application of taken to received The officer receiving it. Next officer/office.
*there will be as many rows as the number of officers who handled the application.
Attested photocopies of all letters and notings will be provided.
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 30 December 2010 at 02.30pm
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.
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
29 November 2010
(In any correspondence on this decision, mention the complete decision number.)(GJ)