Moneylife: Pune: Saturday,
March 16, 2013.
The PIO
provided information within 15 days and yet, unaware of the scandalous state of
affairs in the food and supply department, the FAA asked him to furnish the
information again. This is the 57th 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 disposing off an appeal, observed how
highest authorities, instead of taking responsibility for the distressing state
of affairs of their department, harass citizens and even Public Information
Officers (PIOs).
While giving
this important judgement on 2 July 2010, Shailesh Gandhi, the then Central
Information Commissioner said, “The PIO has definitely given the information
available with him within 15 days. The appellate authority LR Garg, joint
commissioner—who cannot be unaware of this scandalous state of affairs—has just
ordered that the PIO should furnish information. It is not at all clear what
the PIO is expected to do.”
Delhi
resident Suraj Pal, on 16 March 2010, sought information from the Food and
Supply department of Government of the National Capital Territory of Delhi
(GNCTD) about his ration card. Here is the information he sought and the
answers provided by the PIO...
1.
Furnish
information regarding not printing of BPL ration card of the appellant.
PIO's
reply: Cards were
sent for modernization, but your card is still to be received by the
department.
2.
Furnish
information that to get a printed BPL ration card appellant has to pay Rs25 or
this fee is asked due to a departmental order, give certified copy.
PIO's
reply: For getting
the card an application has to be made on a plain paper. The amount of Rs25 is
charged on form ‘A’ (New/Changing of Name of head/ Duplicate ration card.).
3.
If
no then what is the reason for not giving a ration card to the appellant.
PIO's
reply: The appellant
can come to the office and write an application regarding this matter.
4.
Kindly
give the name of the person who had the responsibility to print the ration card
of the appellant.
PIO's
reply: New ration
cards are sent to VIRGO company. The appellant’s ration card is still to come
back.
5.
Kindly
reply that taking Rs25 from the appellant by FSO and inspector is valid. If yes
then under which departmental order it is taken. Furnish certified copy.
PIO's
reply: There is no
fee taken for making an application to the Department. Fee is only taken for
form ‘A’. Please come to the office and meet the Asst. Commissioner.
6.
Kindly
inform that will there be any action taken against the FSO and the inspector.
PIO's
reply: Kindly specify
your question regarding form ‘A’.
7.
Enclose
that the acts of FSO and inspector are not legal then what action is taken by
the Department against them.
PIO's
reply: NIL
8.
Kindly
furnish the date by which the new ration card will be given to the appellant.
PIO's
reply: Come to the
office and give an application. Action will be taken.
Claiming the
information provided by the PIO was insufficient and unsatisfactory, Pal filed
his first appeal. In his order, the First Appellate Authority (FAA), ordered
the PIO to redress the grievance of Pal within 15 days.
Then Pal
approached the CIC citing non-compliance of the FAA order by the PIO and filed
his second appeal.
During a
hearing, the food supply officer, representing the PIO stated that printing of
the ration cards was outsourced to a vendor called VIRGO, which had not
supplied the ration cards since three years.
Mr Gandhi,
the then CIC, observed that the PIO has given the information within 15 days,
however, the FAA ordered that the PIO should furnish information. “It is not at
all clear what the PIO is expected to do. The department at the highest level
has to take the responsibility for the distressing state of affairs where
ration cards were not being printed for three years by a vendor. It is
unimaginable that the department cannot find a corrective action for this. This
is unnecessarily harassing citizens and also PIOs who are left to justifying a
completely unjustifiable situation,” the Commission said.
While
disposing off the appeal, Mr Gandhi said the PIO has provided the information
available with him.
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