Central Information Commission
Mr. Jagdish Chandra vs Food & Supplies Deptt. (South) on 6 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/A/2009/002951/6284
Appeal No. CIC/SG/A/2009/002951
Appellant : Mr. Jagdish Chandra
C-55A, Gali No.2,
Hari Nagar Extn.-II, Badarpur,
New Delhi-110044
Respondent : Mr. M.K.Sharma
Public Information Officer &
Asstt. Commissioner,
Food & Supplies Deptt. (South)
Asian Market, Sector-3
Pusp Vihar,
New Delhi-110017
RTI application filed on : 10/06/2009
PIO replied : Not mentioned
First Appeal filed on : 04/08/2009
First Appellate Authority order : 10/09/2009
Second Appeal Received on : 21/11/2009
Notice of Hearing Sent on : 04/12/2009
Hearing Held on : 06/01/2010
Information sought:
Appellant sought following information regarding changing of address in his ration card:
1. Date of issuing Ration Card with new address of the Appellant.
2. Reasons for delaying in issuing Appellant's Ration Card.
3. Name, post, and address of the official who responsible for delaying.
4. Action being taken/ will be taken against the official responsible for delaying in issue of Ration Card with new address of the Appellant.
PIO's Reply:
Not enclosed Grounds for First Appeal:
Information not provided.
Order of the First Appellate Authority:
"The Respondent has stated that in 2007, the circle office was in Okla area; in 2008, the circle office has been changed to Meethapur. Area Inspector, Sh. Surinder Kumar has personally visited the residence of the appellant of 06/07/2009, so as to sort out the matter amicably. The Appellant refused to give any further details and stated that he will now meet only in appeal. In spite of residential visit, the appellant has not cooperated in sorting out the matter. The Inspector, acting under the Essential Commodities Act, 1955, is a public servant discharging his official duties. He is authorized to take information from a consumer card holder in any enquiry under clause 11(1) of the Delhi Specified Articles (Regulation of Distribution) Order, 1981. Refusal to answer has thwarted the enquiry process and rendered an inconclusive result."
Grounds for Second Appeal:
Information not provided.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Mr. Jagdish Chandra;
Respondent: Mr. P.S.Saini, APIO & FSO on behalf of Mr. M.K.Sharma, PIO & AC;
The PIO states that no reply has been sent to appellant so far. The Appellant states that however after receiving the notice of hearing form the Commission ration card has been prepared. Hence he has further need to information. The Respondent was asked fro the reason for not providing the information to the Appellant. He says that the officer responsible for providing information was Mr. Hari Narayan Meena, FSO, who did not provide any information and was transferred form the job on 04/08/2009. The Respondent states that Mr. Meena did not inform him about that fact that the reply to this RTI application was pending.
Decision:
The appeal is allowed.
The issue before the Commission is of not supplying the complete, required information by the deemed PIO Mr. Hari Narayan Meena, FSO within 30 days as required by the law. From the facts before the Commission it is apparent that the deemed PIO Mr. Hari Narayan Meena, FSO 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 deemed 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 present himself before the Commission at the above address on 02 February 2010 at 11.30am alongwith his written submissions showing cause why penalty should not be imposed on him as mandated under Section 20 (1).
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 06 January 2010 (In any correspondence on this decision, mention the complete decision number.)Rnj CC:
To, Mr. Hari Narayan Meena, FSO through Mr. P.S.Saini, APIO & FSO;