Central Information Commission
Mr. Bindeshwar Prasad vs O/O Asst. Commissioner, Nw District, ... on 1 January, 2010
CENTRAL INFORMATION COMMISSION
Club Building, Opposite Ber Sarai Market,
Old JNU Campus, New Delhi - 110067.
Tel: +91-11-26161796
Decision No. CIC/SG/C/2009/001500/6215
Complaint No. CIC/SG/C/2009/001500
Complainant : Mr. Bindeshwar Prasad
E-795, JJ Colony
Bawana, Delhi 110039
Respondent : Public Information Officer
Government of NCT of Delhi
O/o Asst. Commissioner, NW District, Food
Supplies and Consumer Affairs, CSC, CC
Block, Shalimar Bagh, Delhi - 110088
Facts arising from the Complaint:
The Complainant had requested for renewal of his BPL card but had not received a response. The Complainant filed an Application with the Food and Supplies Officer Circle No.22 on 15/09/2009 in which he requested the following:
1. Rejection letter in response to his renewal application in accordance with the PDS Control Order 2001
2. Display of list of BPL/AAY card holders in the Circle
3. Action should be taken against FSO and Assistant Commissioner who are responsible for not implementing the order of the Supreme Court by not displaying the list of BPL/AAY card holders
4. In accordance with Section 4(1) of the RTI Act, reasons in writing why the Complainant's renewal application has not been accepted.
However, no list was put up in the offices of the Bawana Circle.
Vide order dated 16/06/2009, the Commission had directed the Department to fulfill its obligations under Section 4 of the RTI Act and make the following information available in every circle by 20 July 2009:
1. List of BPL/AAY ration card holders.
2. List of applicants for renewal of BPL/AAY ration cards with the dates on which such applications were made.
3. List of persons whose BPL/AAY ration cards have been renewed and the dates on which the cards have been renewed.
4. List of applications for renewal of BPL/AAY ration cards which have been rejected and the reasons for such rejection.Page 1 of 2
The Complainant was told by the FSO that he was not aware of the Commission's aforementioned order.
The Complainant has approached the Commission with the following prayer:
• To order the Respondent to provide him the rejection letter along with reason for rejection of BPL/AAY card • To recommend disciplinary action against the responsible officers • To provide compensation of Rs. 5,000 • To impose penalty on the FSO and the AC for not implementing the order of the Commission Decision:
The Complaint is allowed.
Section 4(1)(d) of the RTI Act provides that every public authority shall provide reasons for its administrative or quasi-judicial decisions to affected persons. In view of this, the Respondent is directed to provide the Complainant a copy of the rejection letter with reasons for rejection of the Complainant's application for renewal of BPL card before 20 January 2010.
With regard to disclosure of information in compliance of Section 4, RTI Act, the Commission has issued directions to the Food Commissioner and Assistant Commissioner vide Decision No. CIC/SG/C/2009/001621; 001622 and 1623/6047 dated 22 December 2010 asking for compliance of Section 4 by 31 January 2010. If it is found that the Department is not complying with this by 31 January 2010, the Commission will take appropriate action.
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, 2005.
Shailesh Gandhi Information Commissioner 01 January 2010 (For any further correspondence in this matter, please quote the file no. mentioned above)(ShG) Page 2 of 2