Central Information Commission
R Aranganathan vs Ut Of Puducherry on 10 October, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No: CIC/UTPON/A/2023/132009
R Aranganathan .....अपीलकर्ाग /Appellant
VERSUS
बनाम
PIO,
Department of Civil Supplies &
Consumer Affairs, Thatanchavadi,
Puducherry 605009 ....प्रनर्वािीगण /Respondent
Date of Hearing : 27.09.2024
Date of Decision : 08.10.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 27.04.2023
CPIO replied on : 30.05.2023
First appeal filed on : 10.06.2023
First Appellate Authority's order : 07.07.2023
2nd Appeal/Complaint dated : 21.07.2023
Information sought:
The Appellant filed an RTI application dated 27.04.2023 seeking the following information:
"1. Name and address of 136 Scheduled Tribe Irular (including Villi and Vettaikaran) families to whom the Antyoda Anna Yojana (AAY) Ration Cards originally converted from BPL Cards please be furnished.Page 1 of 5
2. Copies of inspection reports of CSI/CSO, of 136 ST families along with the copies of caste certificates furnished by the ST beneficiaries may please be furnished.
3. Ration Card no of the 136 ST families are required to be furnished.
4. The name and address of the 74 ST families to whom the Antyoda Anna Yojana (AAY)Cards are under process as stated by you vide letter No.1- 4/DCS&CA/LSUSQ/2022/1070 dated 16.02.2023 addressed to The Director cum Under Secretary to Government, Adi- Dravidar Welfare and Scheduled Tribes Welfare, Puducherry."
The CPIO furnished a point-wise reply to the Appellant on 30.05.2023 stating as under:
"1 Being the personal information of the third party, the information sought for could not be furnished as per Section 8 (1) (i) of the RT. Act 2 The information sought for pertains to third party and confidential. Hence it could not be furnished as per section 8 (1) (i) of the RTI Act 3 & 4 Being the personal information of the third party, the information sought for could not be furnished as per Section 8 (1) (i) of the RTI Act"
Being dissatisfied, the appellant filed a First Appeal dated 10.06.2023. The FAA vide its order dated 07.07.2023, upheld the reply of CPIO.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Present through video conference.
Respondent: Shri A Mohamed Farook, APIO, through video conference.
The appellant inter alia submitted that he sought information regarding actual primitive tribal who have benefited under the AAY Card Scheme in Puducherry State. He stated that the information sought was arbitrarily denied under section 8 (1) (j) of the RTI Act. The appellant pleaded that the intention of concealing the facts by the concerned PIO was illegal. He stated that there was Page 2 of 5 no transparent, honest and efficient management in Civil Supply Department, Puducherry. Therefore, the information sought should be provided free of cost.
The respondent while defending their case inter alia submitted that particulars requested by the appellant such as copies of caste certificates, name address and ration card numbers of 136 ST Irular (including Villi and Vettaikaran) was denied on the ground of third-party information and they claimed exemption under section 8 (1) (j) of the RTI Act.
Decision:
The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, noted that the appellant sought information regarding beneficiary details like name and addresses of 136 Scheduled Tribe Irular (including Villi and Vettaikaran) families to whom the Antyoda Anna Yojana (AAY) Ration Cards originally converted from BPL Cards and related information. The respondent has denied the information on the ground of third-party information.
During the hearing, respondent informed that the Antyoda Anna Yojana (AAY) beneficiaries are shortlisted from the BPL ration card holders list. The BPL list is already made public for greater transparency. The information sought by the appellant is in respect of the welfare scheme AAY introduced by the Central Government. The beneficiary details of the said scheme should be made public.
It may not be out of place to mention that considering the objective of RTI Act to maintain transparency and accountability, it should be the public authority's prerogative to voluntarily and widely disseminate such information relating to affirmative action, welfare measures and other social welfare benefits. As per Section 4(1)(b) of RTI Act, among other aspects, every public authority is under an obligation to publish following information:
"(xi) the budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursements made;Page 3 of 5
(xii) the manner of execution of subsidy programmes, including the amounts allocated and the details of beneficiaries of such programmes;
(xiii) particulars of recipients of concessions, permits or authorizations granted by it;"
In view of the above, the Commission observed that reply given by the respondent was incomplete, evasive and misleading. The Commission is of the view that name and address of the beneficiaries of AAY Scheme being drawn from the BPL ration card holders list, which is already public, withholding the AAY beneficiary list is not in tune with the prevalent practice and transparency. Therefore, it should be in public domain so that it could be ensured that benefits are going to the truly eligible persons.
In view of the above, the respondent is directed to revisit the RTI application and provide the information including name and address of the beneficiaries of AAY Scheme, to the appellant free of cost, within three weeks' time from the date of receipt of this order and put the same in public domain in compliance of section 4 (1) (b) of the RTI Act. The respondent PIO is directed to place a copy of this order before the competent authority for compliance of this order.
The FAA to ensure compliance of this order.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Page 4 of 5 Copy To:
The FAA, Department of Civil Supplies & Consumer Affairs, Thatanchavadi, Puducherry-605009 Page 5 of 5 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
Nil Powered by TCPDF (www.tcpdf.org)