CENTRAL INFORMATION COMMISSION
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Decision No. CIC/SG/A/2010/003115/10598
Appeal No. CIC/SG/A/2010/003115
Relevant Facts
emerging from the Appeal:
Appellant : Ms. Marjeena
E-44/ B-148, New Seemapuri,
Delhi- 95
Respondent : Mr. Mange Ram
Public Information Officer & AC (North-East)
Food and Supply Department,
Government of NCT of Delhi,
Bunker Bhawan, Nand Giri,
New Delhi - 110002
RTI application filed on : 12/08/2010
PIO replied : 08/09/2010
First appeal filed on : 22/09/2010
First Appellate Authority order : 08/10/2010
Second Appeal received on : 03/11/2010
Information Sought:
The Ration Card of the appellant was cancelled by the concerned department. Thus the appellant had sought
information regarding the list of cards been finalized after Thumb Impression Review; list of cards been cancelled
in this circle and reason for the same; whether notices had been issued, before canceling the cards, to the concerned
people, and if yes, then the certified copies of the notices and dispatch proof of the notices; dispatch proof of the
notice issued to the appellant and reason for canceling the card, etc.
Reply of the PIO:
The PIO replied accordingly to the application and also informed that the list of the cards been cancelled are
available on the department’s website.
First Appeal:
Incomplete and unsatisfactory information provided by PIO.
Order of the FAA:
Information has been provided by the PIO.
Ground of the Second Appeal:
Incomplete and incorrect information provided by the PIO.
Relevant Facts emerging during Hearing:
The following were present:
Appellant : Ms. Marjeena;
Respondent : Mr. Mange Ram, Public Information Officer & Assistant Commissioner (North-East);
The Appellant has a BPL Card which was reviewed and supposedly updated after taking biometric data.
The result of this exercise was that she had a BPL Card but the ration supplies to her were stopped. The Appellant
therefore assume that her ration card was cancelled. She has sought information about cancelled ration cards but
the fact is that her ration card has not been cancelled. The response to this shows the gross inefficiency of the Food
and Supplies Department.
The Respondent admits that because of an error in the computer program thousands of BPL persons whose
biometric data was collected have been denied ration supplies. The Appellant is one of the unfortunate people who
are not getting their ration supplies. Thus a completely incompetent and inefficient modernization program to have
biometric data has resulted in thousands of persons being deprived of their BPL entitlement. It is also a fact that the
information was not provided in time. Within 30 days an illegal demand for additional fee was made though the
Appellant is a BPL Card holder. The information has finally been provided only in December and even then no
reason for the cancellation of the card in the computer system has been provided to the Appellant. Even after such a
long period the Department has been unable to tell a BPL card holder why she is not getting her due entitlements.
This shows that the Government’s program to ensure that the poor get their entitlement has not been able to deliver
even in the capital of this country because of gross inefficiency. The Commission certainly realizes that the
Appellant has been put through unnecessary harassment because of the incompetence of the Department. The
Commission sees this as a fit case of award of compensation for the loss and detriment suffered by her in pursing
the first and second appeal for trying to establish her basic right to get food grains at a rate promised to her.
Harassment of a common man by public authorities is socially abhorring and legally impermissible. It may harm
him personally but the injury to society is far more grievous. Crime and corruption thrive and prosper in the society
due to lack of public resistance. Nothing is more damaging than the feeling of helplessness. An ordinary citizen
instead of complaining and fighting succumbs to the pressure of undesirable functioning in offices instead of
standing against it. Therefore the award of compensation for harassment by public authorities not only compensates
the individual, satisfies him personally but helps in curing social evil. It may result in improving the work culture
and help in changing the outlook.
The Commission under its powers under Section 19(8)(b) of the RTI Act awards a compensation of Rs.2000/- for
the loss and detriment suffered by her in pursing this appeal.
Decision:
The Appeal is allowed.
The PIO is directed to provide the reasons why the Appellant’s ration has been stopped since
August 2010 to the Appellant before 10 January 2011.
The PIO is directed to ensure that a cheque for compensation of Rs.2000/- is given to the Appellant
before 30 January 2011.
The Commission directs the Food Commissioner under its powers under Section 19(8)(a) to provide
information to the Appellant outlining the reasons why the rations have not been provided to her as
also determining the responsibility on the officers responsible for this. The Food Commissioner will
send the information to Commission and the Appellant before 30 January 2011.
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
23 December 2010
(In any correspondence on this decision, mention the complete decision number.) (SC)
CC:
To,
Food Commissioner
Food and Supply Department,
Government of NCT of Delhi,
K-Block, Vikas Bhawan,
New Delhi – 110002