Central Information Commission Judgements

Mrs.Hasina Khatun vs Government Of Nct Of Delhi on 30 September, 2010

Central Information Commission
Mrs.Hasina Khatun vs Government Of Nct Of Delhi on 30 September, 2010
                      CENTRAL INFORMATION COMMISSION
                          Club Building (Near Post Office)
                        Old JNU Campus, New Delhi - 110067
                               Tel: +91-11-26161796

                                                        Decision No. CIC/SG/A/2010/002297/9560
                                                               Appeal No. CIC/SG/A/2010/002297

Relevant Facts

emerging from the Appeal:

Appellant                        :      Mrs Haseena Khatun
                                        w\o Mr. Haji Bisht
                                        B-287 J.J. Colony
                                        Bawana
                                        Delhi- 110039

Respondent                            :      Ms. Asha Gandhi

Public Information Officer & District Welfare Officer
Social Welfare Department
Delhi Government
Deaf & Dumb School
Rohini sector 4, Delhi

RTI application filed on : 28/05/2010
PIO replied : 24/06/2010
First appeal filed on : 26/06/2010
First Appellate Authority order : 01/07/2010
Second Appeal received on : 03/08/2010

Information sought Reply of the PIO

1. Action taken by the concerned official on the 1. After the inspection of the appellant’s
application for Widow pension, filed by the letter it was found that the document
appellant. Specify the date on which it was sent to pertaining to the proof of residing in Delhi
the official and the action he initiated on it. for the past 5 years was not enclosed.

Therefore the application is rejected

2. The maximum time limit of taking action on the 2. Three months
application after it is filed with the department.

3. Name and designation of the official in whose 3. Information is in the computer records.

custody the appellant’s application is kept and if
the application is lost, specify the name and
designation of the official who is responsible for it.

4. Name & designation of the official who had 4. . After the inspection of the appellant’s
rejected the appellant’s application. Specify the letter it was found that the document
date and the reason of its rejection & the reason pertaining to the proof of residing in Delhi
stating that why wasn’t the appellant informed for the past 5 years was not enclosed.
about it. Therefore the application is rejected

5. Whether the department tried to contact the 5. No orders were given by the department
appellant after the latter’s application was rejected. to inform the appellant. The appellant can
see her application on www.wcd.nic.in

6. Whether the department tried to contact the 6. No orders were given by the department
appellant after the application was filed on 16-01- to inform the appellant. The appellant can
2009 and if not, state the reasons see her application on www.wcd.nic.in

7. Present status of the appellant’s application and 7. After the inspection of the appellant’s
specify the date by which he would start getting letter it was found that the document
her Widow Pension from the department. pertaining to the proof of residing in Delhi
for the past 5 years was not enclosed.

Therefore the application is rejected

8. Whether the rule that any applicant applying for 8. Specifying the rule in the application is
Widow pension has to be a resident of Delhi for a the responsibility of the Head Office and
minimum period of 5 years is stating in the not regional office.
application form. Specify the reason as to why it is
not mentioned on the application form.

Grounds for the First Appeal:

Unsatisfactory information furnished by the PIO.

Order of the First Appellate Authority (FAA):
Appellant agreed to file a fresh application with all the documents.

Grounds for the Second Appeal:

Unsatisfactory reply of the PIO.

Relevant Facts emerging during Hearing:

The following were present:

Appellant: Absent;

Respondent: Ms. Asha Gandhi, Public Information Officer & District Welfare Officer;

The PIO has given the information on time as per the available on the records. The PIO
claims that proof of residence in Delhi for five years is requisite condition for grant of pension. The
appellant’s son has shown that the appellant’s name was in the ration card which was issued in
1984;- but the PIO has stated that the subsequent ration card do not have her name. Hence the PIO
states that the appellant’s pension claim has not been approved.

Decision:

The Appeal is disposed.

The information has been provided .

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
30 September 2010
(For any further correspondence on this matter, please mention the file number quoted above.) (VK)