CENTRAL INFORMATION COMMISSION
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Decision No. CIC/SG/A/2011/001113/12980
Appeal No. CIC/SG/A/2011/001113
Relevant Facts
emerging from the Appeal:
Appellant : Smt. Omwati
E 49/B 197
Janta Mazdoor Colony,
Delhi-110053
Respondent : Mr. R. K. Meena
Public Information Officer &
Assistant Commissioner (NE),
Food & Supplies Department, Govt. of N.C.T. of
Delhi
Office of the Assistant Commissioner (NE)
D.C. Office Complex,
Nand Nagri, Delhi.
RTI application filed on : 31-12-2010
PIO replied : 31-01-2011 & 22-03-2011
First appeal filed on : 14-12-2011
First Appellate Authority order : not enclosed
Second Appeal received on : 21-04-2011
Information received by Appellant:
Give information regarding the BPL card No. 67170201 of Smt. Omwati W/o Sh. Dina nath, R/o
E 49/B 197 Janta Mazdoor Colony, Delhi-110053. Card that was about to start on 24-05-2010 but
no ration has been provided on it.
Reply of PIO:
1. 31-01-2011: not enclosed
2. 22-03-2011: To get information regarding the complaint of appellant, the appellant can visit the
office on any working day from 14:00 to 16:00 till 04-04-2011.
Grounds of the First Appeal:
Information provided is not satisfactory.
Order of the FAA:
Not enclosed
Grounds of the Second Appeal:
Information provided is not satisfactory.
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Relevant Facts emerging during Hearing:
The following were present
Appellant : Smt. Omwati;
Respondent : Ms. Sobha Rani, FSO(C-64) on behalf of Mr. R. K. Meena, Public Information
Officer & Assistant Commissioner (NE);
The Appellant has a BPL Card in which she was getting food grain and kerosene until
August 2010. From September 2010 she stopped getting ration and kerosene. She gave an
application to the FSO demanding reasons why ration has suddenly been stopped. She also filed an
RTI application in December 2010 to find out the reasons for this callous and insensitive neglect
by the Government. The PIO has stated that the application has been forwarded and hence it can
be claimed that information was provided. It is however evident that the system responded in some
manner so that the rations have started since May 2011 but the Kerosene supply has still not
started. The PIO is now directed to provide the information about the application made by the
Appellant in September 2010 in the following format:
Date on which Name and designation of Action taken Date on which forwarded to
Application received The officer receiving it. Next officer/office.
*there will be as many rows as the number of officers who handled the application.
Attested photocopies of all letters and notings will be provided.
The Commission had given an order Decision No. CIC/SG/A/2010/002578/9954 on 29 October
2010 directing “The Commissioner, Food and Supplied Department will inform the appellant and
the Commission the reasons why some people are being allocated rations and the appellant is not
being allocated any rations before 15 November 2010.” This direction has not been complied with
and hence citizens are filing RTI applications and the matters are coming before the Commission.
The Commission gives on more chance to the Food Commissioner to ensure that the website has
the details of ration card holders who are not getting rations or kerosene on the website, failing
which the Commission would have to take appropriate measures. This is a requirement of Section
4 of the RTI Act.
The Appellant Smt. Omwati states that when she filed the RTI application the FPS Dealer Mr.
Ashok of FPS no. 6177 from where she gets the rations, came to her house and asked to see her
ration card. She showed her ration card to him then Mr. Ashok demanded a photocopy of her
ration card. Since she could not show a photocopy he took away the ration card. She states that she
went next day to get the ration card and was told that the card has been deposited at the Circle
Office. Subsequently she went and met Mrs. Shobha Rani, FSO with Mr. Ashok who admitted that
he had taken the ration card for getting the photocopy. Despite several requests Mrs. Omwati has
not been able to get her ration card back. She states that she was told by the nephew of Mr. Ashok
that she will get her ration card only if she withdraws her RTI application. She has also shown the
Commission that she has given a complaint to Police Station Welcome on 01/04/2011 but the
Police has no action.
The Commission directs the Assistant Commissioner (NE) Mr. R. K. Meena to inquire into this
and take appropriate action against the FPS Holder and ensure that the Appellant gets her ration
card back. He should also take appropriate action against the FPS Holder.
The respondent has assured the Commission that she will change the FPS and ensure that the
ration card is given.
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Decision:
The Appeal is allowed.
The PIO is directed to provide the information as directed above to the
Appellant before 05 July 2011.
The PIO is also directed to comply with the directions given above with respect to
FPS Holder and send a compliance report to the Commission before 30 July 2011.
The Commission also directs the SHO of Welcome Police Station to take
appropriate action on the complaint of Mrs. Omwati and inform the Commission
and the Appellant about the action taken on the complaint before 30 July 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
20 June 2011
(In any correspondence on this decision, mention the complete decision number.) AN
Copy to:
1- SHO of Welcome Police Station through Smt. Omwati;
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