FAA: reply given by PIO not proper; matter remanded back with directions to submit a detailed inquiry report in 15 days - Appellant: factually incorrect information provided - CIC: respondent to go over the records again; compensation of Rs. 2000 granted
FAA held that no proper reply has been given by the concerned PIO and remanded back the matter with the direction to enquire into the matter and submit a detailed inquiry report within 15 days – Appellant: information provided was factually incorrect and presented his original ration card before the Commission to support his averments – CIC: respondent directed to go over the records pertaining to the appellant’s ration card again - compensation of Rs. 2000/- granted to the appellant
1. Appellant submitted RTI application dated 24 May 2012 before the PIO, O/o the Asst. Commissioner (South), Department of Food, Supplies & Consumer Affairs, GNCT, Delhi; seeking information in connection with A.P.L Ration Card No. 34281313, PDS License No. 3425 and status of the complaint filed by Rajkali dated 13 July 2011 through multiple points.
2. Vide CPIO Order dated 23 June 2012, PIO furnished the requisite information.
3. Not satisfied by the PIO’s reply, the Appellant preferred First Appeal to the First Appellate Authority dated 09 July 2012.
4. Vide FAA Order dated 27 July 2012, the FAA held that no proper reply has been given by the concerned PIO (South) and remanded back the matter to the PIO/Asst. Commissioner (South) with the direction to enquire into the matter and submit a detailed inquiry report within 15 days.
5. Being aggrieved and not satisfied by the above response of the Public Authority, the Appellant preferred Second Appeal before the Commission.
6. Matter was heard today. Both parties as above appeared in person and made submissions. Appellant stated that the information provided to him was factually incorrect and presented his original ration card before the Commission to support his averments. He also stated that on this very ration card he had received rations for 35 months that is from 11 June 2008 up to June 2011 after which suddenly this facility was denied to him. It is also submitted by the appellant that his ration card was stamped in red colour and the diary number on the ration card was 16768 whereas in the record of the respondents this diary number has been wrongly entered as 17768 and it was on account of this wrong entry that his ration card was being shown as bogus in the records of the public authority.
7. After hearing the averments of both parties and after personally seeing the ration card of the appellant, Commission accepts the averments made by the appellant as being true. Accordingly respondent is directed to go over the records pertaining to the appellant’s ration card once again in view of his averments made before the Commission today and to take necessary action to correct the record and provide a copy of the same to the appellant.
8. Action to be completed within three weeks of receipt of the order.
9. Commission also notes that the then CPIO has not taken full and complete action as per the directions of the first appellate authority thereby causing detriment to the interests of the appellant. Accordingly Commission directs that the compensation of Rs. 2000/– be paid to the appellant by the public authority in terms of section 19(8)(b) In its decision, the Central Information Commission or State Information Commission, as the case may be, has the power to require the public authority to compensate the complainant for any loss or other detriment suffered; of the Act.
(Smt. Deepak Sandhu)
Chief Information Commissioner
Citation: Shri Janak Lal Sahu v. Deptt. of Food & Supplies & Consumer Affairs in Appeal: No. CIC/AD/A/2012/003020/DS