RTI Judgement Series: The games babus play with ration cards
Moneylife Digital Team 30 May 2013

Food & Supplies Department at the GNCTD prepared a ration card in someone else's name and despite a direct order from the FAA it asked the applicant to file another application for a duplicate ration card. This is the 103rd in a series of important judgements given by former Central Information Commissioner Shailesh Gandhi that can be used or quoted in an RTI application

The Central Information Commission (CIC), while allowing an appeal, directed the Public Information Officer (PIO) of the Food & Supplies Department (FSD) at the Government of National Capital Territory of Delhi (GNCTD) to provide a ration card to the applicant, else file a police complaint for the loss and send a compliance report.

 

While giving this judgement on 24 June 2009, Shailesh Gandhi, the then Central Information Commissioner said, “This incident shows the extremely callous attitude of the department that is meant to offer public service. This reinforces the need for the department to comply with Section 4 of the Right to Information (RTI) Act and put up details of those who apply for ration cards/BPL cards, date on which cards are given to them and reasons for rejections, if any, on the website.”

 

New Delhi resident Neema Gupta, on 1 May 2008 sought information regarding issue of a ration card to her, from the PIO of Food & Supplies Department, at GNCTD. Here is the information she sought under the RTI Act and the reply given by the PIO...

 

1. Why the delay for issue of a new ration card in the name of Neema Gupta for more than three years?

PIO's reply: Ration card bearing number No. 09020072 was prepared in the name of Bimla Devi.

 

2. Who is responsible for this delay?     

PIO's reply: There has not been any delay in preparation of the ration card.

 

3. Who are the officers responsible for this delay and harassment?  

PIO's reply” In view of I&II, the above question does not arise.

 

4. What action was taken in this matter?       

PIO's reply: Since you did not turn up to collect the ration card, the same was sent to the headquarter.

 

Not satisfied with the reply, the applicant filed her first appeal. In his order, on 22 July 2008 the First Appellate Authority (FAA) said, “The ration card of the appellant was prepared by the PIO as the family details exist in the database of the department but the same was not delivered to the appellant and the appellant is running here and there to obtain her ration card. I, therefore, directed the PIO i.e. Asstt. Commissioner (Sought-West) to complete necessary formalities and prepare the ration card to the appellant and deliver it to her within a period of 10 days from today.”

 

However, after failing to receive her ration card, Neema Gupta, the applicant, then approached the CIC with her second appeal.

 

During the hearing before Mr Gandhi, the then CIC, the PIO accepted that he had not complied with the order of FAA in terms of giving the ration card to the appellant. He claimed that he sent a letter no127 dated 31 July 2008 by FSO-Circle (9) asking her (Gupta) to apply for a duplicate ration card.

 

The Commission pointed out to the respondent that the information provided to the appellant in reply to the original RTI Application on 21 May 2008 stated that ration card bearing no09020072 was prepared in the name of Bimla Devi. The FAA, DP Dwivedi, additional commissioner (SW) had asked for the card to be supplied in 10 days by his order of 22 July 2008.

 

The Commission asked the PIO why a duplicate card was sought to be made when the original card was not delivered.

 

The PIO said, “...in compliance of FAA's order the then FSO-Circle(9) Amodh Bhartwal—as informed by him on phone—tried to find out the card form the record of the circle office but the ration card was not traceable. Hence we personally sent a copy of application for a duplicate ration card. The then FSO and assistant commissioner tried their best and left no stone unturned to trace the ration card.”

 

Gupta told the Commission that she has been pursuing this ration card since 2006 but did not get any reply form the department. Her father-in-law had gone to the department four to five times and he was told that the ration card will be available if he paid a bribe, this was in 2006. The FAA had told her that the ration card was active and therefore she feels that the ration card is probably being misused.

 

Mr Gandhi then asked the PIO whether ration could not have been stolen or misused. The PIO stated that he would like to search for the ration card again.

 

The Commission then directed the PIO to deliver the ration card personally to Bimla Devi before 10 July 2009. “The PIO will either give the ration card to Ms Bimla Devi before 10 July 2009 or file a police complaint for loss of the ration card and ensure that another card issued to Bimla Devi and Neema Gupta. The PIO will send a compliance report with photocopies of the cards and police complaints applicable to the Commission before 20 July 2009,” the CIC said in its order while allowing the appeal.

 

CENTRAL INFORMATION COMMISSION

 

Decision No. CIC/SG/C/2009/900066/3820

https://ciconline.nic.in/cic_decisions/SG-24062009-01.pdf

Appeal No. CIC/SG/C/2009/900066

 

                                                                  

Complainant                                   : Neema Gupta

                                                                New Delhi.

                                                           

Respondent                                      : GS Dhodi

                                                            PIO & Asstt. Commissioner (South-West)

                                                            Govt. of N.C.T. of Delhi

                                                            Food & Supplies Department,

                                                            Office of the Asstt. Commissioner (SW)

                                                            C-22/23,Udyog Sadan,

                                                           Qutub Institutional Area in  Delhi.

Comments
revribhav
9 years ago
Discussion > Others > Rti act: spreading hatred against applicant

http://www.lawyersclubindia.com/forum/Rt...#.UagKG-caBPw
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