Moneylife: Pune: Friday,
May 31, 2013.
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.
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.
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