Moneylife: Pune: Tuesday,
February 05, 2013.
Even though
the applicant wanted to withdraw her appeal after receiving a ration card, the
CIC said in larger public interest it is necessary to provide info about the
delay. This is the 33rd 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) directed the Public Information Officer (PIO) to
provide the information in larger public interest even though the applicant
wanted to withdraw her complaint after receiving a ration card. While giving
this important judgement, Shailesh Gandhi, former Central Information
Commissioner said there is clearly a public interest in knowing the truth of
why the card was not given.
“The PIO is
directed to provide complete information as per the available record and send a
copy to the appellant and the Commission before 25 November 2009,” the CIC said
in its order issued on 10 November 2009.
Delhi
resident Shrimati Virbati, on 16 March 2009, sought information about her ration
card from the Food and Supplies Department of the Government of the National
Capital Territory of Delhi (GNCTD). On the basis of her application for a
ration card under the “below poverty line” (BPL) category, she sought
information about...
1. Copy
of the daily progress report on the application for a BPL card.
2. The
name, designation, phone, address and time taken by each official to process
the file regarding the BPL application.
3. The
time taken to process the entire application as per the norms, rules and regulations.
4.
Whether
any officials are responsible for dereliction of duty and a copy of the duties
of these officials.
5.
Copy
of rules which state the time duration to process the BPL application.
6.
The
reasons for the appellant being asked to fill up a form for the second time for
a BPL card.
7.
The
name, designation and phone no of person responsible for the delay of the BPL
card.
8.
The
action and the time that can be taken against the official responsible for the delay.
9.
Till
what date the ration will be given on the receipt.
10. The time duration when the appellant
will get the BPL card.
The PIO in
his reply on 9 April 2008 said:
1.
The
department does not make a Daily Progress Report.
2.
The
concerned officials have been transferred.
3.
Action
has been taken within the stipulated time.
4.
Action
has been taken as per procedure.
5.
The
time limit to issue APL card is 45 days but there is no time limit prescribed
for BPL cards.
6.
No
order has been issued to fill the form a second time.
7.
The
appellant has not been issued BPL cards due to non-eligibility.
8.
Same
as above.
9.
Ration
can be availed till advance orders.
10. The appellant has not been issued a
BPL card due to non-eligibility.
Not satisfied
with the PIO’s reply, Virbati then filed her first appeal before the First
Appellate Authority (FAA). The FAA, in an order on 29 May 2009, asked the PIO
to give precise reasons to the appellant for the rejection of BPL cards within
30 days. Since the PIO failed to provide the information within 30 days,
Virbati then approached the CIC with her second appeal.
During the
hearing 10 November 2009, the PIO brought a letter from the appellant (Virbati)
stating that she wishes to withdraw the appeal. “It is evident that a BPL card
which should have been given two years back was denied without any stated
reasons and the card was now been given because of the RTI application. There
is clearly a public interest in knowing the truth of why this card was not
given,” Mr Gandhi said in his order.
The
Commission then directed the PIO to provide complete information as per the
available record and send a copy to the appellant and the CIC before 25
November 2009.
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