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Decision No. CIC/SG/C/2009/900066/3820
Appeal No. CIC/SG/C/2009/900066
Relevant Facts
emerging from the Complaint:
Complainant : Mrs.Neema Gupta
C-1/39, Safdurjang Development Area
New Delhi.
Respondent : Mr. G.S.Dhodi
PIO & Asstt. Commissioner (South-West)
Govt. of N.C.T. of Delhi
Food & Supplies Department,
Office of the Asstt. Commissioner (SW)
C-22/23,Udyog Sadan, Qutub Institutional Area in
Delhi.
RTI application filed on : 01/05/2008
PIO replied : 31/05/2008
First appeal filed on : Not enclosed
First Appellate Authority order : 22/07/2008
Complaint received on : 16/01/2009
Sr. No. Information sought PIO's reply
1. Why to delay for issue new ration Ration Card bearing number No.
card in the name of Neema Gupta 09020072 was prepared in the name of
for more than 3 years. Bimla Devi.
2. Who is responsible for this delay. There has not been delay in preparation
of Ration Card.
3. Who are the officer responsible for In view of I & II above question does
this delay and harassment? not arise.
4. What action taken in this matter Since you did not turn up to collect the
Ration Card, the same was sent to H.Q.
Grounds for First Appeal:
Copy of the First Appeal is not enclosed.
Order of the First Appellate Authority:
“The Ration Card of the Appellant was prepared by the PIO as the family details exist in the data
base of the department but the same was not delivered to the Appellant and the Appellant is
running here and there to obtain her Ration Cart. I, therefore, directed PIO i.e. Asstt.
Commissioner (Sought-West) to complete necessary formalities and prepare Ration Card to the
Appellant and deliver her within a period of 10 days from today.”
Grounds for Complaint before CIC:
Unsatisfactory reply about Appellant’s Ration Card & what action has been taken against
officials who misguide.
Relevant Facts emerging during Hearing:
The following were present
Complainant: Mrs.Neema Gupta
Respondent: Mr. G.S.Dhodi, PIO and Mr. K.S.Chug, APIO
The PIO states that he has not complied with the order of FAA in terms of giving the ration card
to the appellant. He claims that he sent a letter no.127 dated 31/07/2008 by FSO-Circle (9)
asking her to apply for a duplicate ration card. The Commission pointed out to the respondent
that the information provided to the appellant in reply to the original RTI Application on
21/05/2008 stated that ration card bearing no. 09020072 was prepared in the name of Ms. Bimla
Devi. The FAA Mr. D.P.Dwivedi- Additional Commissioner (SW) had asked for the card to be
supplied in 10 days by his order of 22/07/2008. The Commission asked the respondent why a
duplicate card was sought to be made when the original card was not delivered. The PIO Mr.
G.S.Dhodi states, “in compliance of FAA’s order the then FSO-Circle(9) Mr. Amodh Bhartwal-
as informed by him on phone,- tried to find out the card form the record of the circle office but
the ration card was not traceable. Hence we sent personally a copy of application for duplicate
ration card. The then FSO and Asst. Commissioner tried their best and left no stone unturned to
trace the ration card.”
The Appellant states, “She has been pursuing this ration card since 2006 but gets no reply form
the department. He father-in-law had gone to the department 4 to 5 times and he was told that the
ration card will be available if he paid a bribe, this was in 2006.” The FAA had told her that the
ration card was active and therefore she feels that the ration card is probably being misused.
The Commission asked the PIO whether ration could not have been stolen or misused. The PIO
states that he would like to again search for the ration card. The PIO is asked to deliver the
Ration Card personally to Ms. Bimla Devi before 10 July 2009. If the ration card cannot be
found the PIO will file a police complaint for loss of the ration card. The department is
responsible for giving a ration card to the appellant before 15 July 2009.
This incident is showing the extremely callous attitude of department that are meant to public
service. This reinforces a need for the department to comply with Section (4) and put up details
of those who apply for ration card/BPL cards, dated on which cards given to them and reasons
for rejections if any on the website as per requirements of Section (4).
Decision:
The appeal is allowed.
The PIO will either give the ration card to Ms. Bimla Devi before 10 July 2009 or file a police
complaint for loss of the ration card and ensure that another card issued to Ms. Bimla Devi and
Ms. Neema Gupta. The PIO will send a compliance report with photocopies of the cards and
police complaints applicable to the Commission before 20 July 2009.
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 cost as per Section 7(6) of
RTI Ac.
Shailesh Gandhi
Information Commissioner
24 June 2009
(In any correspondence on this decision, mentioned the complete decision number.)
(AK)