Central Information Commission
Mr. Naresh Goyal vs Deptt. Of Consumer Affairs, Food And ... on 14 December, 2009
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2009/002650/5884
Appeal No. CIC/SG/A/2009/002650
Relevant Facts emerging from the Appeal:
Appellant : Mr. Naresh Goyal
G 30/113, Sector 3, Rohini,
Delhi- 110085
Respondent : Mr. Amod Barthwal
Public Information Officer & Food and Supply Officer Government of NCT of Delhi.
Deptt. of Consumer Affairs, Food and Supplies, O/o Assistant Commissioner, Shalimar Bagh, New Delhi.
RTI application filed on : 24/03/2009
PIO replied : 28/04/2009
First appeal filed on : 11/06/2009
First Appellate Authority order : 10/07/2009
Second Appeal received on : 20/10/2009
Date of Notice of Hearing : 05/11/2009
Hearing Held On : 14/12/2009
Sl. Information Sought (with reference to Reply of the PIO
kerosene oil depot License no 4190/98 at
(C-21) D-16/104, Sector 3 Rohini, Delhi).
1. The total no of card holders, their address Records of the year 1998 are not and the date when they got the cards during available since the ration cards the period 1998 till date. have been renewed in the year 2004-05.
2. Copy of registers wherein the kerosene oil The time period for which beneficiaries sign to get their quota of the information has been sought by oil. the Appellant has not been mentioned.
3. The person responsible for any mishap that "Information not sought".
might occur since the kerosene oil depot lies in a residential area.
4. The procedure and the date when the Regular inspection is carried out at inspection of records of this depot is carried the office. The details are out. mentioned in the inspection report.
5. The date when the kerosene oil depot was The depot was suspended once suspended from carrying out its operation, and it was restored as per the name of the person on whose orders it departmental procedure. was suspended and the date and the reasons for its restoration.
6. Whether the depot can be leased out on License holders themselves are contract or only the license holder himself responsible for running KOD's. can run the depot. There is no provision for contract. First Appeal:
Unsatisfactory information provided by the PIO. Order of the FAA:
The FAA directed the PIO/AC (N-W) to supply complete para-wise information to the Appellant within 20 days after collecting the information from FSO, Circle 21 free of cost.
Ground of the Second Appeal:
Non compliance of orders of FAA. Information re-provided was still unsatisfactory.
Relevant Facts emerging during Hearing:
The following were present:
Appellant : Mr. Naresh Goyal;
Respondent : Mr. Amod Barthwal, Public Information Officer & Food and Supply Officer;
The appellant has been given balance information by the PIO on 24/07/2009. He states that the list of cards as in 2002 is not available. He has however given the list of present card holder who are taking kerosene. This is a list of 123 cards. The Appellant alleges that about 50% of these are fake. The Commission orders the Commissioner Food & Supplies Department to get an inquiry conducted to verify whether these 123 card holders are genuine. The report of this inquiry will be sent to the appellant and the Commission before 15 January 2010.
Decision:
The Appeal is allowed.
The Commission Food & Supplies Department is directed to get an inquiry conducted to verify whether these 123 card holders are genuine. The report of this inquiry will be sent to the Appellant and the Commission before 15 January 2010.
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 14 December 2009 (In any correspondence on this decision, mention the complete decision number.)(RR)