DFSC penalised for denying information under RTI

Shivani Bhakoo

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Tribune News Service

Ludhiana, September 13

The Public Information Officer-cum-District Food and Civil Supplies Controller, Ludhiana, has been penalised for refusing to furnish information under the Right to Information Act to a local resident.

State Information Commissioner Yashvir Mahajan said Lovkesh Sharma, a Public Information Officer-cum-District Food and Civil Supplies Controller, Ludhiana, had refused to furnish information to one Rahul Gupta without any reason.

The delay in giving the information was of 120 days, which rendered the PIO liable for a pecuniary penalty of Rs 25,000. However, taking a lenient view, in exercise of its authority under Section 20(1) of the RTI Act, 2005, the State Information Commission imposed a penalty of Rs 10,000 on the PIO i.e. the District Food and Civil Supplies Controller, Ludhiana.

“The DFSC shall ensure that the amount is deposited in the government treasury,” Mahajan said.

The Commissioner said a copy of the challan should be sent to the Commission for record. Besides, an amount of Rs 5,000 was awarded as compensation in favour of the appellant for the detriment suffered by him under Section 19 (8) (b). The amount should be sent to the appellant through a demand draft and the intimation be also sent to the Commission.

Further taking a strict view, Mahajan said the stance of the PIO was very arrogant and he presented his callous and defiant attitude for the institutions duly constituted under law. The Secretary, Department of Food, Civil Supplies and Consumer Affairs, Punjab, may initiate suitable disciplinary proceedings against the PIO under intimation to the Commission.

The case relates to furnishing information about rice-shellers and the extent of area on which these stand established in Mullanpur, Ludhiana district.

The original application was filed by the information seeker, Rahul Gupta, on March 9, 2015. Feeling aggrieved, with the inaction of the RTI authorities in the department, he filed an appeal with the Commission on April 13, 2015.

Prior to the orders issued on September 10, 2015, (the latest orders) even on August 11, 2015, the order was passed by the Commissioner were: “Vide my earlier order passed July, 2015, I observed that the information provided by the PIO is vague, deficient and misleading. The query of the appellant is very simple. He is seeking total area on which each sheller is located in the town of Mullanpur, Ludhiana. But the respondent is evasive and confusing the issue. He is advised to give clear and candid information to the appellant within 10 working days from today positively failing which it will be deemed to have been refused and the matter shall be proceed accordingly.”

Instead of being present on the hearings (following orders by the Commissioner) the PIO asked the Food Supplies Officer, Jagraon. to file a reply, which the State Information Commission was not satisfied.