Delay in submission of reply regarding PDS

The appellant sought information about whether a ration card holder can be given ration if his fingerprint or iris authentication on the POS machine fails. He sought for the procedure in this regard seeking copy of the relevant circulars. He further sought information about the procedure to provide ration to a disabled ration card holder. There was a delay in providing the information. The PIO submitted that the RTI application was filed on 26/4/2023 and the reply was prepared by the Policy Branch but it could not be dispatched due to a fire incident occurred in May, 2023 and the file was bundled up with the other files. The reply was provided to the RTI applicant on 02/05/2024 and also, a Memo was issued to the erring official i.e. MTS of the branch on 02/05/2024 with the direction to submit his reply within three days as to why the RTI reply was not dispatched within time. It was submitted before the CIC that a lenient view may kindly be taken in the matter keeping in view the circumstances in which the error occurred and the official has already been warned to be careful in future.  The CIC was not convinced with the reasons mentioned for delay in reply provided by the Respondent because no documents or FIR copy has been annexed with the written submission to substantiate the explanation claiming occurrence of fire incident at the relevant time. The PIO was directed to file a revised updated written submission detailing the reason for delay in replying to the Complainant beyond stipulated time. In the spirit of the RTI Act, an advisory under Section 25(5) of the RTI Act was issued to the Respondent Public Authority for upfront disclosure of information as sought in this RTI application and related Rules, Circulars, Office Orders, Bye Laws, etc. under Section 4 of the RTI Act in public domain

Comments

Hon’ble Supreme Court in the case Kishan Chand Jain v. UOI & Ors. WP (C) No. 990 of 2021 adviced to disclose to the beneficiaries of the Public Distribution System particularly PwD beneficiaries regarding the provision for facilitating ration distribution to them through other members of the family or through authorized representative. Such information should be displayed at all the Fair Price Shops and the same will also relieve the Public Authority of the burden of RTI Applications.

Citation: Ashok Kumar v. Food, Supply and Consumers Affairs, CIC/FSACA/C/2024/129241; Date of Decision: 21.05.2025

Dr Anuradha Verma (dranuradhaverma@yahoo.co.in) is a RTI Consultant currently working with IIM Vishakhapatnam. She has co-authored the books PIO’s Guide to RTI and Right to Information – Law and Practice. Her weekly article is being published since 2008 on this site. She offers consultancy on RTI matters and third party audit to individuals / organisations. Her other articles can be read at the website of RTI Foundation at the link https://www.rtifoundationofindia.com