CENTRAL INFORMATION COMMISSION
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Decision No. CIC/SG/A/2011/001500/13367
Appeal No. CIC/SG/A/2011/001500
Relevant facts emerging from the Appeal:
Appellant : Smt. Gullo
D-347,Janta Jiwan Camp
Tigri
New Delhi-110066
Respondent : PIO & Assistant Commissioner(South)
Food Supplies & Consumer Affairs Department
Govt. of NCT of Delhi
Asian Market, New Delhi-110062
RTI application filed on : 03/01/2011
PIO replied on : ————–
First Appeal filed on : 26/02/2011 First Appellate Authority order on : 23/03/2011 Second Appeal received on : 03/06/2011 SL. Query
1. The Appellant seeks information whether any action has been taken upon the grievance
letter regarding introduction of BPL Ration Card and Kerosine oil.Please furnish daily
report of the grievances letter of the Appellant.
2. Please furnish complete details as to which officers look after the Appellant’s grievances
letter and what were the action taken by them.
3. Please provide the name and designation of the officers who were supposed to take action
into my grievances letter.
4. What action would be taken against the concerned officers for not taking any action upon
the matter and when will such action takes place?
5. How long will it take work upon the Appellant’s grievances letter?Please furnish complete
details.
PIO’s reply:
No reply was given.
Grounds for the First Appeal:
No information furnished by the PIO within stipulated time.
Order of the First Appellate Authority (FAA):
The undersigned has gone through the information asked by the Appellant and the reply given by
the PIO (South. Considering all the facts i.e. RTI application, appeal application, information
provided and documents on record, the undersigned concludes that reply has not been given by
the PIO.
The PIO / Asst. Commissioner (South) is hereby directed to provide point-wise & complete reply
of the RTI application to the appellant, within 07 days of issue of this order. The FSO-Circle-07
is directed to get the ration card of the appellant activated and ensure that she should get ration
against her BPL ration card.
Ground of the Second Appeal:
No requisite information was furnished by the PIO initially. The PIO has also defied the order of
the FAA.
Decision:
The appellant has stated that despite the clear order from the FAA no information
has been provided.
The Appeal is allowed.
The PIO is directed to provide the complete information as directed by the First
Appellate Authority to the appellant before 30 July 2011.
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 appears 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. He has further refused to obey the orders of his
superior officer, which raises a reasonable doubt that the denial of information may also be
malafide. The First Appellate Authority has clearly ordered the information to be given.
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 09 August 2011 at
11.00am alongwith his written submissions showing cause why penalty should not be imposed
on him as mandated under Section 20 (1). He will also submit proof of having given 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
11 July 2011
(In any correspondence on this decision, mention the complete decision number. (MS))