Central Information Commission
Mr.Dhani Ram Goyal vs Consumer Affairs, Food And Civil ... on 10 January, 2011
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/003328/10861
Appeal No. CIC/SG/A/2010/003328
Relevant Facts emerging from the Appeal:
Appellant : Mr. Dhani Ram Goyal
C533A, Nathupura Gaon,
Delhi-84
Respondent : PIO/Asst. Commissioner (North)
Food and Supplies Dept. Govt. of NCT of Delhi, Office of the Assistant Commissioner (North) Gulabi Bagh, Delhi.
RTI application filed on : 11/08/2010 PIO replied : 15/09/2010 but was not received First appeal filed on : 24/09/2010 First Appellate Authority order : 18/10/2010 Second Appeal received on : 26/11/2010 Information Sought:
Details of investigations conducted with respect to compliant filed against Food and Supplies Officer, Circle-02 for his dictatorship methods and carelessness. The Appellant had filed a complaint on 09/06/2010 in which he had pointed out that out of 6174 applications for BPL Card only 240 cards had been issued.
Reply of the PIO:
1. 6174
2. 240
3. 240
4. Copy enclosed.
5. BPL card making is under process and hence information is not given.
Grounds for the First Appeal:
No reply from the PIO.
Order of the First Appellate Authority (FAA):
Copy of the reply to be given immediately.
Note: During the hearing before the FAA the PIO said that information was already given. The copy of the information given was to be given after the order of the FAA. The appellant did not receive any information earlier.
Grounds for the Second Appeal:
No reply from the PIO/FAA.
Relevant Facts emerging during Hearing:
The following were present Appellant : Mr. Dhani Ram Goyal;
Respondent : Absent;
It is evident that no information has been provided about the progress of the complaint of the Appellant. The Appellant wanted to know the action taken on his complaint of 09/06/2010 which appears to be raising a serious matter. In his complaint the Appellant has pointed out that out of 6174 applications for BPL Card only 240 cards had been issued since 2009. No indication was given whether anybody had taken any action on the complaint nor was the appellant informed whether the other applications for BPL cards had been rejected. The PIO is directed to furnish the information on the action taken on the Appellant's complaint in the following format:
Date on which Name and designation of Action taken Date on which forwarded to Complaint received The officer receiving it. Next officer/office.
*there will be as many rows as the number of officers who handled the complaint.
Attested photocopies of all letters and notings will be provided.
Decision:
The Appeal is allowed.
The PIO is directed to give the information about action taken on the Appellant's complaint of 09/06/2010 in the format given above. The PIO will also indicate the fate of the 5934 applications for BPL cards. The PIO will give this information to the Appellant before 30 January 2011.
The issue before the Commission is of not supplying the complete, required information by the PIO within 30 days as required by the law.
From the facts before the Commission it appears that the PIO is guilty of not furnishing information within the time specified under sub-section (1) of Section 7 by not replying within 30 days, as per the requirement of the RTI Act. It appears that the PIO's actions attract the penal provisions of Section 20 (1). A showcause notice is being issued to him, and he is directed give his reasons to the Commission to show cause why penalty should not be levied on him.
He will give his written submissions showing cause why penalty should not be imposed on him as mandated under Section 20 (1) before 30 January, 2011. He will also send the information sent to the appellant as per this decision and submit speed post receipt as proof of having sent the information to the appellant.
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 10 January 2011 (In any correspondence on this decision, mention the complete decision number.) (SC)