Central Information Commission
Mr. Amar Nath Mishra vs Deptt Of Consumer Affairs, Food And ... on 15 December, 2009
CENTRAL INFORMATION COMMISSION
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Tel: +91-11-26161796
Decision No. CIC/SG/A/2009/002619/5922
Appeal No. CIC/SG/A/2009/002619
Relevant Facts emerging from the Appeal:
Appellant : Mr. Amar Nath Mishra,
House No. S-25/A-303, New Sanjay Camp,
Okhla Phase - I, New Delhi - 110020.
Respondent : Public Information Officer
Govt. of NCT of Delhi, Deptt of Consumer Affairs, Food and Civil Supplies, O/o The Asstt. Commissioner (South), Asian Market, New Delhi.
RTI application filed on : 11-06-2009 PIO replied : Not replied First appeal filed on : 23-07-2009 First Appellate Authority order : 21-08-2009 Second Appeal received on : 21-10-2009 Hearing Held on : 15-12-2009 Information Sought:
The Appellant had sought following information from PIO - department of Consumer Affairs, Food and Civil Supplies, South Zone, Delhi that I had submitted a application form for making BPL Ration Card on dated 06-12-2007 but no received so far by me, why, when will I got my BPL card.
The PIO's reply.
Not replied.
Ground of the First Appeal:
Information has not been provided to the appellant. Order of the FAA:
"Since the appellant is living in J.J. Colony, as per policy, BPL Cards may issued to them by the Department provided that vacancy in the BPL category is available and the applicant fulfills the other criteria for BPL Card.
This being the position, the appellant is advised to file an appeal under Section - 11(2) of the Public Distribution Control Order, 2001, against the order vide which the FSO has rejected the application for renewal of BPL Card. The appeal may be filed in the office of relevant documents mentioned therein. The said appeal should be disposed off by the Assistant Commissioner within 15 days of filing. A copy of this order is also being sent to the Assistant Commissioner (South) and FSO (Circle -36) for disposal of Appeal under section -11(2) of the public distribution control order 200".
Ground of the Second Appeal:
Information had not been supplied to the appellant, even after FAA ordered. Relevant Facts emerging during Hearing:
The following were present:
Appellant: Absent;
Respondent: Mr. M.K.Sharma, Public Information Officer & Assistant Commissioner(S);
The PIO states that he has taken up the issue of providing the BPL Card to the appellant and assured that the cards will be provided to the appellant if the eligibility exists before 30 December 2009. The PIO is directed to send a copy of the reasons for rejecting the BPL Card earlier to the Commission and the Appellant before 30 December 2009.
The Commission had earlier in its decision numbers: CIC/SG/A/2009/001213+1214/3969; CIC/SG/A/2009/001960/5374 & CIC/SG/A/2009/001334/4037 directed that the names of all applicants for various cards should be displayed on the website giving the date of application and date of allotting the card. In case of rejection the date of rejection must be mentioned. Inspite of repeated reminders this requirement has not been met though this is a requirement of Section 4 of the RTI Act. If this is not met within a reasonable time the Commission will be forced to taken action under the Act against all the officers who are responsible for violating the law.
Decision:
The Appeal is allowed.
The PIO is directed to send a copy of the reasons for rejecting the BPL Card earlier to the Commission and the Appellant before 30 December 2009.
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 15 December 2009 (In any correspondence on this decision, mention the complete decision number.)(RR)