CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/002816/11426Adjunct
Appeal No. CIC/SG/A/2010/002816
Relevant Facts
emerging from the Appeal:
Appellant : Smt. Nirmala Thakur
G-4/7, Sector-16, Rohini
Delhi-110089
Respondent : Mr. Gopal Sinku,
Deemed PIO & FSO Circle- 5,
Food & Supplies Department, GNCTD,
92, Bhalsawa Village, Delhi- 110033
RTI application filed on : 29/10/2009
PIO replied : 27/01/2010
First appeal filed on : 31/12/2009
First Appellate Authority order : 18/01/2010
Second Appeal received on : 03/12/2010
Sl. Information Sought Reply of the PIO
1. If there is a fair price shop 3702 under Badlipur legislation Yes .
circle 5 in Samaypur or not.
2. Specify name of the license holder of that fair price shop. Atar singh
3. Details of the person who runs the shop in case it is run by Salesman
license holder whether it is legal
4. Details of number of cards in the fair price shop 3702 under A.P.L-1230
different categories A.P.L-B.P.L-A.A.Y B.P.L-62
A.A.Y-107
5. Specify the details of number of cards from different shops From shop no.6581
given to the above mentioned shop in the event of A.P.L-177,B.P.L-11,A.P.U-40
cancellation of license of fair price shops in Samaypur, From shop no. 8763
Liwaspur, Yadavnagar A.P.L-566
6. Give details of any inspection carried out to ensure that shop Shop runs on time and works
opens on time and is providing ration to the users of the efficiently inspection carried out on
shops time to time.
7. Whether any complaint was received against the above No
mentioned shop from April 2008 to October 2009
8. Whether the rule of submitting monthly records by all FPS submits its records every month.
government shops is still applicable or not. If not then why
so
9. Provide copies of sales register stock, complaint book, Photocopies can be obtained after
inspection book of the above mentioned shop from May submission of prescribed money
2009 to October 2009
First Appeal:
No reply from PIO.
Order of the FAA:
“Available information has already been provided to the appellant and copy of the same is handed over to
the appellant”
Ground of the Second Appeal:
Reply was incomplete and unsatisfactory.
Relevant Facts emerging during Hearing held on March 11, 2011:
The following were present:
Appellant : Absent;
Respondent : Mr. Gopal Sinku, FSO(C-5) on behalf of Mr. Ajay Arora, Public Information Officer &
Assistant Commissioner (North West);
“The Appellant has claimed that the information provided was not satisfactory but has not
explained why she considers it unsatisfactory. The RTI application was filed on 29/10/2009 and the
information is claimed to have been sent on 04/12/2009 which is after the mandated period of 30 days. No
proof has been brought to show that the information was indeed sent on 04/12/2009. The information
appears to have been provided. The Respondent states that the person responsible for sending the
information was Mr. T. R. Singh, Deemed PIO & the then FSO(C-5).”
Decision dated March 11, 2011:
The Appeal was allowed.
“The information appears to have been provided.
The issue before the Commission is of not supplying the complete, required information by Mr. T.
R. Singh, Deemed PIO & the then FSO(C-5) within 30 days as required by the law.
From the facts before the Commission it appears that the deemed 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 deemed 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.
Mr. T. R. Singh, Deemed PIO & the then FSO(C-5) will present himself before the Commission at the
above address on 24 March 2011 at 11.30am alongwith his written submissions showing cause why
penalty should not be imposed on him as mandated under Section 20 (1). He will also submit speed post
receipt as proof of having sent the information to the appellant on 04/12/2009.
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.”
Relevant facts emerging at the show cause hearing held on March 24, 2011:
The following were present:
Appellant: Mrs. Nirmala Thakur and Mr. O. P. Thakur;
Respondents: Ms. Shashi Bala, the then Deemed PIO & FSO C- 5 and Mr. Gopal Sinku, Deemed PIO &
FSO C- 5.
The Commission noted that Ms. Shashi Bala, FSO C- 2 was the deemed PIO & FSO C- 5 during the
relevant period. She stated that as per practice, information received from the office of the FSO was
required to be sent to the office of the PIO, who in turn, would forward the same to the applicant. In the
instant case, Ms. Shashi Bala sent the information in response to the RTI application dated 29/10/2009 to
the office of the then PIO & AC (NW) vide letter dated 04/12/2009. However, she was not able to
ascertain before the Commission whether the letter dated 04/12/2009 was forwarded to the Appellant by
the then PIO & AC (NW). Ms. Shashi Bala identified Mr. Subhash Chander as the then PIO & AC (NW).
The Appellant stated that they did not receive the letter dated 04/12/2009 by post from the office of the
then PIO & AC (NW). However, at the hearing held before the FAA on 12/01/2010, Ms. Shashi Bala
provided certain information to the Appellant by hand. On perusal of the same and based on the
submissions of the Appellant, the Commission noted that information in relation to query 9 has still not
been provided to the Appellant.
Adjunct Decision:
In view of the aforesaid, the Commission hereby directs Mr. Gopal Sinku, Deemed PIO & FSO C- 5 to
provide certified photocopies of the information sought in query 9 of the RTI application free of cost to
the Appellant before April 15, 2011.
The Commission further directs Mr. Subhash Chander, the then PIO & AC (NW) and Ms. Shashi Bala,
the then Deemed PIO & FSO C- 5 to appear before the Commission on April 20, 2011 at 11:30 am along
with their written submissions to show cause why penalty should not be imposed on them under Section
20 of the RTI Act. They are directed to produce before the Commission any relevant document(s) that
they may have relied on in their written submissions. If there are other persons responsible for the delay in
providing the information who have not been included in this show cause notice, they are directed to serve
this show cause to them and direct them to appear before the Commission on 20/04/2011 along with them.
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
March 24, 2011
CC: Mr. Subhash Chander,
The then PIO & AC (NW),
(Through Mr. Ajay Arora, PIO & AC (NW),
Food & Supplies Department, GNCTD,
Block- C, Pocket- C, Shalimar Bagh,
New Delhi- 110088
Ms. Shashi Bala,
FSO Circle- 2, Burari,
Food & Supplies Department, GNCTD,
Gali No. 9, Kaushik Enclave, Burari,
Delhi
(In any correspondence on this decision, mention the complete decision number.) (AP)