Beruflich Dokumente
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CENTRAL INFORMATION COMMISSION
(Room No.315, BWing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi 110 066)
File No.CIC/SA/A/2014/000556
CIC/SA/A/2014/000773
CIC/SA/A/2014/000774
CIC/SA/A/2014/000775
CIC/SA/A/2014/000354
CIC/SA/A/2014/000353
CIC/SA/A/2014/001548
CIC/SA/A/2014/001549
CIC/SA/A/2014/001916
CIC/SA/A/2014/001911
CIC/SA/A/2014/001298
CIC/SA/A/2014/001612
CIC/SA/A/2014/001294
Appellant : Vijay Kumar Garg and
Kuldeep Singh Yadav
Respondent : Food & Supply Dept GNCTD
Date of hearing : 18122014 & 6.1.2015
Date of decision :
Information Commissioner : Prof. M. Sridhar Acharyulu
(Madabhushi Sridhar)
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Referred Sections : Sections 19(3) of the RTI Act
Result : Appeal disposed of
Observation : A case of Misuse of RTI
1. The appellant is not present. The Public Authority is represented by Ravinder
Kaur, FSO. , T. N Meena, Suman Vid(FSO), Arun Tandon, Narender tank (FSO), R K
Anand. FSO.
2. All the above stated appeals have been clubbed together, as the subject matter of all the
appeals are more or less same.
FACT:
CIC/SA/A/2014/000556
3. Appellant through his RTI application dt 3.1.2014 is seeking information with respect to
FPS, through 6 points. CPIO replied on 24.1.2014 giving point wise reply. Being
unsatisfied, appellant filed first appeal. FAA in his order dated 11.3.2014 disposed of the
appeal stating that the requisite informaiton has already been supplied to the appellant
made second appeal before the Commission.
CIC/SA/A/2014/000773
4. Appellant through his RTI application dated 23.1.2014 is seeking information with respect
FPS situated in mandal no. 18 through 6 points. CPIO on 13.2.2014 provide point wise
reply. Being unsatisfied with the CPIO reply, the appellant made first appeal on
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18.3.2014.FAA vide order dt 17.4.2014 directed the CPIO/Assistant Commissioner to
provide information within 15 days. On non compliance of FAA order, the appellant
approached the Commission in second appeal.
CIC/SA/A/2014/000774
5. Appellant through his RTI application dt 13.1.2014 is seeking information with respect FPS
of mandal no 58 through 5 points. CPIO requested the appellant to deposit Rs 5260/ for
obtaining the copies. Being unsatisfied with the CPIO reply, the appellant made first
appeal on 26.2.2014.FAA by his order dated 16.4.2014 upheld the reply of PIO. Being
unsatisfied with the FAA order, the appellant approached the Commission in second
appeal.
CIC/SA/A/2014/000775
6. Appellant through his RTI application dated 24.2.2014 sought to know about the
compliance of RTI act by the FAA & PIO through 7 points. CPIO on 3.4.2014 gave point
wise reply. Unsatisfied with the PIO reply, the appellant made first appeal on
28.3.2014.FAA on 22.4.2014 ordered that case already been decided on 7.2.2014 and was
complied off by the PIO as the appellant is claiming non receipt of information he may
approach Central information Commission. Being unsatisfied with the FAA order, the
appellant approached the Commission in second appeal.
Proceding Before The Commission:
7. The respondent officer submitted that the appellant Mr. Kuldeep Singh Yadav is proxy for
Mr. Vijay Kumar Garg, as both file the photostat copies of handwritten RTI application for
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same or similar information from same or different offices. Opportunity of inspection was
also given to them in some cases but they never turned up
8. The Commisison finds the appellant Mr. Kuldeep Singh Yadav to be an associate of Mr.
Vijay Kumar Garg and as the covering letter to RTI application on comparision with the RTI
letter in file No. CIC/SA/A/2014/000557/866 (which are heard today) is in the same hand
writing except the numbers. The contact address is also same for both the appellants.
This is an example that confirms suspicion that a scandal might be under operation by
takeup a breif sumary of all the previous cases decided by the Commission and deal with
all the rest of the cases pending before the Commsision with respect to these Contangrous
applicants.
Sumarry of cases decided by Commision of Apellant Vijay Kumar Garg.
No
1 CIC/AD/A/2013/001514SA Department In relation to Kerosene Directed the
action taken report on with respect to Q no 5
his letter to PGC of RTI application
2 CIC/AD/A/2014/000104SA do Appellant submitted
. CIC/AD/A/2014/000116SA that he got info. On his
Commission had
closed the Appeal
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3 CIC/AD/A/2014/000117SA do In relation to Food Appellant was not
to various FPS. the above Commission
directs the respondent
authority to facilitate
inspection.
Note: Commission while hearing the above appeals had stated that information sought by the appellant
was in public interest and by hearing the combined hearing the Commission had avoid the possibility of
2000 more RTI application. The appellant had also submitted that after he received the notice of
hearing from the CIC, he had met all the CPIOs of the concerned divisions and appealed to them to
respond positively and he was happy that they have responded positively. The Commission notes the
appreciation that most of the respondents recorded their appreciation for the appellant and said that he
became their friend. The appellant also profusely thanked the respondents. The commission observes
that the appellant has set a new trend in resolving information related disputes through coordination
and friendly negotiations.
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number of branch been furnished and also
own benefit.
After hearing both the parties,
as per the law. As far as the
concerned, sufficient
about the scheme.
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5. CIC/SA/A/2014/000557 Department of Information was The respondent officer
the bribe money from each
dealers he inspected.
acknowledged the
has withdrawn this appeal.
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The Commission after
questions and if he finds any
appropriate action, keeping in
misused RTI earlier by asking
The PIO has given his written
PIO to paste this order in the
upload the same in their web
site and give directions to the
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FPS dealers not to pay any
Vijay Kumar Garg.
4. The Commission
further recommends
the cases of Shri Vijay
associates, the
Commission
authority to provide the
following information on
the website:
1. Total stock for
each month released to
the FPS dealer and
monthwise details to
each FPS
2. Shopwise
consumption and
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distribution of rations;
3. Complaints, if
any against the FPS
dealers and action
taken on complaints.
site and updated every
taken information on the
complaints shall also be
help the citizens to have
information without
resorting to RTI
applications. The
the Public Authority, as
mandated by section
4(1)(b) of the RTI Act.
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6. CIC/SA/A/2014/000983 Department of Appellant through Respondent submitted that
Social Affair,
his RTI the appellant in a letter dated
GNCTD
application had 02.05.2014 wrote he did not
the office, Details the appellant was all available
Widow Pension
was started..etc subject matter, will not attend
in first appeals and had taken
Commission in Second
appellant has resulted in the
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Commission.
…...
Even though the Commission
case of misuse of RTI Act by
Public authority to put all the
their website and a hard copy
of the same be kept in their
was already uploaded in their
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persons such as appellant is
related details on the website
Proper transparency
scope for touts.
giving letter dated 02.05.2014
that the information sought by
that the main purpose of the
amount shall be used for RTI
cell of the public authority.
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The Commission direct to the
Public authority to publish in
people not to fall prey to false
promises of touts, not to pay
employee of the department.
present order in their website
among their offices in Public
interest, so that everyone will
know about such kind of touts
and misusers of RTI Act
7. CIC/SA/A/2014/000559 SDM(Elections), Information was The appellant is not
GNCTD
sought with present. The respondent
respect to AERO
officers submitted that the
Office in AC08
information sought by the
viz i) details of
appellaant has already
the
been furnished to the
officials/employe
appellant. The
es posted in the
Commission having peruse
AC8 Office ii)
the record, finds that
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details of the sufficent information has
on 1 july 2013, in
this Vidhan
Sabha
Constituency,
were there, etc.
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regulations respondent authority. The
wise on 20112013 and he
has shown the same to the
Commission during
furnished the copy of Delhi
official website. In view of
closes the appeal.
9. CIC/SA/A/2014/000414 Department of Sought Appellant was present. The
Food and Supply,
information on 4 respondent authority
GNCTD
Points with submitted that the information
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First Appellate the appellant and a copy of
staff details etc.
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For month of the appellant is not a genuine
Sale/Stock Commissioner’s orders, such
number of
application
under the RTI Act, inspection
appellant within 2 weeks from
order.
11. CIC/SA/A/2014/000617 Department of Appellant through The Commission on perusal
& Women and Child
his RTI of the documents with
CIC/SA/A/2014/000618 development,
& GNCTD applications had respect to all the above
CIC/SA/A/2014/000984
sought for stated appeals, and after
&
CIC/SA/A/2014/001550 information with hearing both sides directs the
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respect to PIO to provide a
concerning sought to the Appellant within
NFBS and a copy shall be endorsed
application..etc to the Commission.
DECISION
9. The Commission, exercising its power under 19(8)(a) requires the Public Authority to initiate
inquiry against Mr. Vijay Kumar Garg and Mr. Kuldeep Singh Yadav for their alleged
appropriate action is initiated as per law.
10. The Commission directs the respondent authority to prepare a list of the RTI application
filed by the appellants and the reply of the deparmtnent on this regard and place the reply in
their official webiste. This would help the citizens to have information without resorting to RTI
applications besides curbing the misuse.
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12. With this observation Commsion rejects all the pending appeals of both the appellant in
CIC/SA/A/2014/000354, CIC/SA/A/2014/000353,
CIC/SA/A/2014/001548,CIC/SA/A/2014/001549,CIC/SA/A/2014/001916,CIC/SA/A/2014/0019
11,CIC/SA/A/2014/001298,CIC/SA/A/2014/001612, CIC/SA/A/2014/001294.
(M. Sridhar Acharyulu)
Information Commissioner
Authenticated true copy
(Babu Lal)
Deputy Registrar
Address of the parties:
1. The CPIO under RTI, Government of NCT of Delhi
Food and Supply Department, Assistant Commissioner, District(West)
No.152, CBlock Community centre, Janakpuri
New Delhi
2. Shri Kuldeep Singh Yadav
F49, Vishal Colony,
Nangloi, Delhi110041
3. Sh. Vijay Kumar Garg,
F49, Vishal Colony, Nangloi, Delhi – 110041.
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