Central Information Commission
Mr.Shahana Begam vs Consumer Affairs, Food And Civil ... on 23 December, 2010
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/003111/10595
Appeal No. CIC/SG/A/2010/003111
Relevant Facts emerging from the Appeal
Appellant : Smt. Shahana Begum
E - 44/B, 3/3, New Seema Puri,
New Delhi - 110095
Respondent : Mr. Mange Ram
Public Information Officer & Assistant Commissioner (North-East) Food and Supply Department, Government of NCT of Delhi, Bunker Bhawan, Nand Giri, New Delhi - 110002 RTI application filed on : 12/08/2010 PIO replied : 07/09/2010 First appeal filed on : 06/10/2010 First Appellate Authority order : 08/10/2010 Second Appeal received on : 03/11/2010 Information Sought:
The details for cancelling the ration card after Thumb Impression Review was sought with the reasons attached. Whether any notice was given to the holders before cancelling the cards. Appellant also asked for the list of names whose cards have been finalized after Thumb Impression Review.
Reply of the Public Information Commissioner:
The list of card holders whose cards have been finalized after Thumb Impression Review has been put on the website delhigovt.nic.in. Only the card without the review has been cancelled and they can be made operational with an application, identity card, Electricity Bill with Rs. 8. The list for cancelled cards can be taken after the payment of Rs. 52.
Grounds for the First Appeal:
The information given by the PIO was unsatisfactory and incomplete. Further they asked for money to give information when they knew that appellant was a below poverty line candidate.
Order of the First Appellate Authority (FAA):
The case was remanded to the PIO to give point-wise specific reply to the appellant within 07 days of order.
Grounds for the Second Appeal:
The Appellant is not satisfied with the information provided by the PIO and has preferred the 2nd appeal in order to get correct and complete information free of cost.
Relevant Facts emerging during Hearing:
The following were present:
Appellant : Smt. Shahana Begum;
Respondent : Mr. Mange Ram, Public Information Officer & Assistant Commissioner (North-East);
The Appellant has a BPL Card which was reviewed and supposedly updated after taking biometric data. The result of this exercise was that she had a BPL Card but the ration supplies to her were stopped. The Appellant therefore assume that her ration card was cancelled. She has sought information about cancelled ration cards but the fact is that her ration card has not been cancelled. The response to this shows the gross inefficiency of the Food and Supplies Department.
The Respondent admits that because of an error in the computer program thousands of BPL persons whose biometric data was collected have been denied ration supplies. The Appellant is one of the unfortunate people who are not getting their ration supplies. Thus a completely incompetent and inefficient modernization program to have biometric data has resulted in thousands of persons being deprived of their BPL entitlement. It is also a fact that the information was not provided in time. Within 30 days an illegal demand for additional fee was made though the Appellant is a BPL Card holder. The information has finally been provided only in December and even then no reason for the cancellation of the card in the computer system has been provided to the Appellant. Even after such a long period the Department has been unable to tell a BPL card holder why she is not getting her due entitlements. This shows that the Government's program to ensure that the poor get their entitlement has not been able to deliver even in the capital of this country because of gross inefficiency. The Commission certainly realizes that the Appellant has been put through unnecessary harassment because of the incompetence of the Department. The Commission sees this as a fit case of award of compensation for the loss and detriment suffered by her in pursing the first and second appeal for trying to establish her basic right to get food grains at a rate promised to her.
Harassment of a common man by public authorities is socially abhorring and legally impermissible. It may harm him personally but the injury to society is far more grievous. Crime and corruption thrive and prosper in the society due to lack of public resistance. Nothing is more damaging than the feeling of helplessness. An ordinary citizen instead of complaining and fighting succumbs to the pressure of undesirable functioning in offices instead of standing against it. Therefore the award of compensation for harassment by public authorities not only compensates the individual, satisfies him personally but helps in curing social evil. It may result in improving the work culture and help in changing the outlook.
The Commission under its powers under Section 19(8)(b) of the RTI Act awards a compensation of Rs.2000/- for the loss and detriment suffered by her in pursing this appeal.
Decision:
The Appeal is allowed.
The PIO is directed to provide the reasons why the Appellant's ration has been stopped since August 2010 to the Appellant before 10 January 2011.
The PIO is directed to ensure that a cheque for compensation of Rs.2000/- is given to the Appellant before 30 January 2011.
The Commission directs the Food Commissioner under its powers under Section 19(8)(a) to provide information to the Appellant outlining the reasons why the rations have not been provided to her as also determining the responsibility on the officers responsible for this. The Food Commissioner will send the information to Commission and the Appellant before 30 January 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 23 December 2010 (In any correspondence on this decision, mention the complete decision number.) (SC) CC:
To, Food Commissioner Food and Supply Department, Government of NCT of Delhi, K-Block, Vikas Bhawan, New Delhi - 110002