Central Information Commission
Smt.Munni Devi vs Consumer Affairs, Food And Civil ... on 18 April, 2011
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Decision No. CIC/SG/A/2011/000244/12020
Appeal No. CIC/SG/A/2011/000244
Relevant Facts emerging from the Appeal:
Appellant : Smt. Munni Devi,
E-49/B-156, Majdur
Janta Colony, New Japhrabad,
Delhi
Respondent : Mr. R. K. Meena
PIO & AC Office of the Asst. Commissioner (NE), Food & Supplies Department, D.C. Office Complex, Nand Nagari, Delhi RTI application filed on : 28/10/2010 PIO replied : 24/11/2010 First appeal filed on : 30/11/2010 First Appellate Authority order : 16/12/2010 Second Appeal received on : 24/01/2011 S.No. Information sought by the appellant Reply of the PIO
1. Daily progress report of the complaint letter dated Daily Reports are not prepared.
03/09/2010 lodged by the applicant.
2. The complaint letter was sent to which employees and Was given to high officials for action.
remained with them for how many days and what action was taken by these persons?
3. Names and designations of persons who were supposed Same as above.
to take action on the complaint but did not do so.
4. What action will be taken against these persons who are Does not pertain to the department.
not discharging their functions properly? When will action be taken?
5. When will action be taken on the complaint? Same as 2.
First Appeal:
Information not satisfactory. Order of the FAA:
The PIO/Asst. Commissioner (North East) was directed to furnish point-wise and specific reply of the RTI dated 28/10/2010, stating the reasons as to why her BPL Ration Card has been cancelled. The Asst. Commissioner (North East) will call the appellant for personal hearing and redress the grievance of the appellant within 7 days.
Ground of the Second Appeal:
Information not satisfactory.
Relevant Facts emerging during Hearing:
The following were present Appellant : Smt. Munni Devi;
Respondent : Ms. Shobha Rani, FSO(C-64) on behalf of Mr. R. K. Meena, PIO & AC;
The Respondent states that no information was provided to the Appellant after the order of the FAA but her ration has been started from March 2011. The appellant has not been given rations during the period August 2010 to February 2011. The Respondent states that because of the data of the biometric exercise undertaken could not uploaded in the computer. The Appellant has been harassed and despite the FAA's order information has not been provided to her. The Commission under its powers under Section- 19(8)(b) of the RTI Act orders the compensation to be paid to the Appellant for the harassment of not getting the information and having to file the second appeal and waiting for the information. The Commission directs the PIO to ensure that a cheque for compensation of Rs.3000/- is sent to the Appellant for the loss and detriment suffered by her.
Decision:
The Appeal is allowed.
The Commission directs Ms. Shobha Rani, FSO(C-64) is directed to provide the complete information to the Appellant before 30 April 2011.
The Commission also directs the PIO to ensure that a cheque of Rs.3000/- for compensation is sent to the Appellant before 15 June 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 13 May 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 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 18 April 2011 (In any correspondence on this decision, mention the complete decision number.) (CK)