Fair Price Shops and the Circle Offices must display information in compliance with the Department’s own orders as well as requirements of Section 4 of the RTI Act. This is the 35th 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) after discussing the issue of displaying information asked the Department of Food, Supplies and Consumer Affairs of Government of National Capital Territory of Delhi (GNCTD) to comply with its own orders as well as requirements of Section 4 of the Right to Information (RTI) Act. While giving this important judgement, Shailesh Gandhi, former Central Information Commissioner, said the information should have been displayed as part of obligations to make suo moto disclosures under the RTI Act.
“The Department will ensure that the afore-mentioned information is displayed in the Circle Offices and Fair Price Shops before 31 January 2010. A compliance report will be sent to the Commission before 05 February 2010,” the CIC said in its order issued on 22 December 2009.
Delhi resident Rajiv Kumar filed four complaints about the Department of Food, Supplies and Consumer Affairs of GNCTD not meeting certain obligations under the Public Distribution System (PDS) Control Order.
According to the PDS Control Order 2001, it is the duty of every Fair Price shopkeeper to display information on a notice board at a prominent place in the Fair Price shop on a daily basis regarding a) list of BPL and Antodaya beneficiaries, b) entitlements of essential commodities, c) scale of issue, d) retail issue prices, e) timings of opening and closing of Fair Price shops, f) stock of essential commodities received during the month, g) opening and closing stock of essential commodities and h) the name of authorities for redressal of grievances/lodging complaints with respect to quality and quantity of essential commodities under the Public Distribution System.
In one of his complaint, Mr Kumar stated that many of the Fair Price Shops especially in Circle 63 have not complied with the PDS Control Order 2001 and the disclosures have not been displayed.
Shailesh Gandhi, the Central Information Commissioner, called a meeting on 21 December 2009 at the Commission’s office on this matter to discuss issues relating to disclosure of information on the PDS in Delhi.
During the hearing on 21 December 2009, the Commission informed the Food Commissioner that complaints had been received from some citizen groups particularly Pardarshita, Satark Nagrik Sangathan and Sajha Manch that information should be available suo moto at the Circle Offices and the Fair Price Shops is not available.
After consulting with the Food Commissioner as well as others present, the Commission directed that the following information should be displayed at every Circle Office of the Department:
i) Copy of all ration cards along with photographs of individual card holders in the Circle Offices of the Food and Supply Department.
ii) All citizens should have access to daily sale register, and stock register under suo moto disclosure of the RTI Act.
iii) Name and designation of each official in the Circle office along with their stated roles and responsibilities.
iv) Names and contact details of the PIOs and FAA.
v) Procedure to apply for new ration cards and the list of documents required.
vi) Time-frame for disposal of various applications (new cards, renewal, change of address, etc).
vii) Date of the next Vigilance Committee meeting and names of the members of the Committee.
viii) Rights and privileges of ration card holders as per Section 6(7) of Annexe to PDS Control Order 2001.
ix) List of documents present in the Circle Offices.
During the hearing, Mr Kumar showed a sample display print that can be displayed outside every Fair Price Shop. After discussing the sample display, the Commission, directed that the following information will be displayed at the Fair Price Shops under the Department:
i) Entitlement of essential commodities for all types of ration cards.
ii) Scale of issue of each essential commodity for all types of ration cards.
iii) Retail prices of each essential commodity for all types of ration cards.
iv) Working hours of Fair Price Shops.
v) Stock of essential items received during the month.
vi) Opening and closing stock of essential commodities.
vii) Name, designation and contact numbers of officials for redressal of grievances with respect to quality and quantity of essential commodities.
viii) Daily updation of stock position information
ix) Information about inspection of records by any citizen on every Saturday except for second Saturday as per the PDS Control Order dated 15/06/2006.
x) Display of samples of food grains being supplied through Fair Price Shops.
The Food Commissioner then gave a commitment to the Commission that she will ensure that the afore-mentioned information will be displayed before 31 January 2010.
CENTRAL INFORMATION COMMISSION
Decision No. CIC/SG/C/2009/001619; 001621; 001622/6047
https://ciconline.nic.in/cic_decisions/SG-22122009-22.pdf
Complaint No. CIC/SG/C/2009/001619; 001621; 001622
Complainant : Rajiv Kumar
Delhi 110095
Respondent : 1. The Food Commissioner
Department of Food & Supplies
Govt. of NCT Delhi, K-Block,
Vikas Bhawan, New Delhi 110002
2. Assistant Commissioner (HQ/RTI),
GNCTD, Deptt. of Food, Supplies and Consumer Affairs,
K Block, Vikas Bhawan, IP Estate, New Delhi.
3. Assistant Commissioner (North East),
GNCTD, Deptt. of Food, Supplies and Consumer Affairs,
Weavers Complex, Nand Nagari, Delhi.
4. Assistant Commissioner (West),
GNCTD, Deptt. of Food, Supplies and Consumer Affairs,
152 C Block, Janakpuri, Delhi.
5. Assistant Commissioner (North West),
GNCTD, Deptt. of Food, Supplies and Consumer Affairs,
C Block, Pocket C, Shalimar Bagh, Delhi.
6. Assistant Commissioner (New Delhi),
GNCTD, Deptt. of Food, Supplies and Consumer Affairs,
M Block Vikas Bhawan, IP Estate, Delhi.
7. Assistant Commissioner (South),
GNCTD, Deptt. of Food, Supplies and Consumer Affairs,
Asian Market, Sector 3, Pushp Vihar, New Delhi.
8. Assistant Commissioner (Central),
GNCTD, Deptt. of Food, Supplies and Consumer Affairs,
K Block, Vikas Bhawan, IP Estate, New Delhi.
9. Assistant Commissioner (East),
GNCTD, Deptt. of Food, Supplies and Consumer Affairs,
DDA Shopping Complex, Dayanand Vihar, Delhi.
10. Assistant Commissioner (North),
GNCTD, Deptt. of Food, Supplies and Consumer Affairs,
23/26, Shopping Complex, Gulabi Bagh, Delhi.
11. Assistant Commissioner (South West),
GNCTD, Deptt. of Food, Supplies and Consumer Affairs,
C22/23, Behind Qutb Hotel, Mehrauli, Delhi.
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