Mockery of CIC Order

As a result of four complaints filed by Pardarshita, Central Information Commission (CIC) gave orders to all Assistant Commissioners of Food and Supply Department (F&S) and Public Information Officers regarding suo moto disclosure of information under Right to Information Act and Public Distribution System (PDS) Control Order of 2001.

Today was fourth day of field visit to F&S Circle Offices in East Delhi. The purpose was to inspect compliance of CIC order of December 2009, asking all Circle Offices to display basic information on notice boards that is legible, prominently placed and complete, for instance, names of BPL cardholders, list of officers and their duties, procedure of making a ration card and so on. We covered Circle No. 56, 57 and 59 today in Dayanand Vihar, Kalyanvas, and found that there was either no information or incomplete information displayed on torn A-4 size sheets (not big notice boards), pasted on walls/boards at places where people wouldn’t even notice it or won’t be able to read it because the sketchy information was in English!

A copy of the inspection report made by Pardarshita members has been sent to Assistant Commissioner of F & S Department (East) besides CIC, hoping for quick action by all departments so that they display important information under Section 4 of the RTI Act.

BPL BENEFICIARIES: CIC orders publication of PDS details

CIC Shailesh Gandhi orders that information about the public distribution system and its beneficiaries should be made public, offering hope that a corrupt system may finally see some reform. Shaweta Anand reports.

13 January 2010 - Musmat Musarrat has two children to support on her own - she is a widow - but she earns a mere Rs.1000-1200 each month to run her family's finances. One source of succour for people like her is the Below Poverty Line (BPL) card she is entitled to from the government. But getting and keeping this document has proved quite difficult.

In Bawana'a JJ Colony in Delhi, Musarrat and many others have been hopelessly pursuing government officials, enquiring about the status of BPL cards that were deposited with them for renewal back in 2007, during a 'renewal drive' by the Delhi government. If the card were with her today, she could have purchased basic food items at subsidised rates under the government’s Public Distribution System (PDS), which is one of the largest welfare distribution systems in the world. But having surrendered the old card for renewal, she is caught between the loss of that card and the yet-to-be-issued new one.

Musarrat represents not only the plight of people of Bawana Colony but also that of poor people spread out in various parts of the city, who are fighting a PDS that is both corrupt and functions dismally.

The ration shops, which should open for 25 days a month, are in fact open only for about five days.

Pardarshita, a non-profit organisation, has been working to make various governmant departments in Delhi more transparent and accountable through extensive use of the Right to Information Act 2005, and also including communities in this struggle for social justice. "Like Musmat, about 1.5 lakh poor people in Delhi are struggling to make ends meet and running around government offices to find out status of their card. [This is the case with] not only those who have applied for renewal of BPL cards but also those who have applied for new ration cards, the status of which they should ideally know within 45 days of the first application," says Ritu, an activist with Pardarshita.

"This is not the only problem with PDS," adds her fellow activist Rajiv Kumar, "even the ration shops, which should open for 25 days a month, are open only for about five days, if you enquire!"

With complaints piling up from people of many resettlement colonies - Bawana, New Seemapuri, Sundernagari to name a few - Pardarshita filed a complaint under Section 18 of RTI Act 2005 to the Central Information Commission that the Delhi Food & Supply Department is not following Section 4 of the RTI Act, which mandates government departments must sou moto disclose information about their work. Pardarshita sought the list of people whose BPL card applications were cancelled, as well as the reasons for their rejection. Additionally, a list of beneficiaries of PDS system was also asked for.

Following this complaint, Central Information Commission member Shailesh Gandhi notified the Food Secretary, and held a hearing on 21 December. The meeting was followed by an order the following day, directing all concerned to display the following information online and outside 70 ration shops/circles of Delhi, before 31 January. A complaince report detailing how much of this order has been carried out, has also been demanded by CIC, to be provided by 5 February 2010.

The information to be published includes:

• Entitlement of essential commodities for all type of Ration Cards.
• Scale of issue of each essential commodity for all types of ration cards.
• Retail price of each essential commodity for all types of ration cards.
• Working hours of Fair Price Shops.
• Stock of essential items received during the month.
• Opening and closing stock of essential commodities.
• Name, designation and contact numbers of officials for redressal of grievances with respect to quality and quantity of essential commodities.
• Daily updating of stock position information.
• Information about inspection of records by any citizen on every Saturday except for second Saturday as per the PDS Control Order 15/06/06.
• Display of samples of food grains being supplied through Fair Price Shops.

Soon after these directions by the Commission, its impact can already be seen, at least on the Government of India's Food & Supply Department website, which now provides some information on the above-mentioned lines. According to the order, such information is also to be provided at the points-of-delivery of the rations (i.e. the fair price shops themselves), and that will be an even bigger boost to the transparent functioning of the distribution system.

Disclosure of all this information will be an important milestone in larger struggle for effective PDS in India, which has been going on for many years now. When information regarding the quality and price of grains and other essential commodities becomes available at every FPS, daily, including lists of bonafide card holders and people to contact for grievance redressal at Circle Offices, then there will be much less scope for corrupt officials to deny proper rations to the beneficiaries, or to seek bribes from them to give them what is their due. This should also bring down the practice of shop-owners hoarding essential items for sale in the open market, after diverting them from the beneficiaries.

Moreover, an increasing number of citizens and activist groups will know what to do about unjust practices rampant, and they can in turn intervene on behalf of the poor, even if the beneficiaries themselves are not confident of taking on the system. "The other advantage," says Rajiv Kumar, "is that through the new lists of beneficiary card holders, all bogus card holders will stand exposed. A lot of essential items were earlier taken away from the PDS under the guise of distribution to such fake beneficiaries, and these are instead sold at market rates for earning hefty profits,".

This CIC's order promises to cast new rays of light on the dark corruption of the PDS, and offers hope that poor people like Musmat Musarrat will be able to get the rations they desperately need. ⊕

Shaweta Anand is a freelance writer and a volunteer with Pardarshita.

http://indiatogether.org/2010/jan/pov-pds.htm

CIC Order for Food & Supply Department

http://cic.gov.in/CIC-Orders/SG-22122009-22.pdf

CENTRAL INFORMATION COMMISSION

Club Building, Opposite Ber Sarai Market,

Old JNU Campus, New Delhi - 110067.

Tel: +91-11-26161796

Decision No. CIC/SG/C/2009/001619; 001621; 001622/6047

Complaint No. CIC/SG/C/2009/001619; 001621; 001622

Complainant : Mr. Rajiv Kumar

c/o Pardarshita

F-185, 186, New Seema Puri

Delhi 110095

Respondent : The Food Commissioner

Department of Food & Supplies

Govt. of NCT Delhi, K-Block,

Vikas Bhawan, New Delhi 110002

Assistant Commissioner (HQ/RTI),

GNCTD, Deptt. of Food, Supplies and Consumer Affairs, K Block, Vikas Bhawan, IP Estate, New Delhi.

Assistant Commissioner (North East),

GNCTD, Deptt. of Food, Supplies and Consumer Affairs, Weavers Complex, Nand Nagari, Delhi.

Assistant Commissioner (West),

GNCTD, Deptt. of Food, Supplies and Consumer Affairs, 152 C Block, Janakpuri, Delhi.

Assistant Commissioner (North West),

GNCTD, Deptt. of Food, Supplies and Consumer Affairs, C Block, Pocket C, Shalimar Bagh, Delhi.

Assistant Commissioner (New Delhi),

GNCTD, Deptt. of Food, Supplies and Consumer Affairs, M Block Vikas Bhawan, IP Estate, Delhi.

Assistant Commissioner (South),

GNCTD, Deptt. of Food, Supplies and Consumer Affairs, Asian Market, Sector 3, Pushp Vihar, New Delhi.

Assistant Commissioner (Central),

GNCTD, Deptt. of Food, Supplies and Consumer Affairs, K Block, Vikas Bhawan, IP Estate, New Delhi.

Assistant Commissioner (East),

GNCTD, Deptt. of Food, Supplies and Consumer Affairs, DDA Shopping Complex, Dayanand Vihar, Delhi.

Assistant Commissioner (North),

GNCTD, Deptt. of Food, Supplies and Consumer Affairs, 23/26, Shopping Complex, Gulabi Bagh, Delhi.

Assistant Commissioner (South West),

GNCTD, Deptt. of Food, Supplies and Consumer Affairs, C22/23,

Behind Qutb Hotel, Mehrauli, Delhi.

Facts arising from the Complaint:

It has been brought to the notice of the Commission vide four Complaints filed by Mr. Rajiv Kumar that the Department was not meeting certain obligations under the PDS Control Order. According to PDS Control Order 2001, it is the duty of every Fair Price shopkeeper to “display information on a notice 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.

One of the complaints (Complaint No. CIC/SG/C/2009/001621) state 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. The information should have been displayed as part of obligations to make suo moto disclosures under Section 4 of the RTI Act.

Mr. Shailesh Gandhi, Central Information Commissioner, called a meeting on 21/12/2009 at the Commission’s office on this matter to discuss issues relating to disclosure of information on the Public Distribution System in Delhi. A notice dated 14/12/2009 was issued to all the Assistant Commissioners & PIOs of the Department and they were directed to attend this meeting. An Agenda of issues that were going to be discussed was enclosed along with the notice and the Assistant Commissioners were informed that appropriate directions will be issued by the Commissioner after giving the PIOs of every district/zone an opportunity to present his opinion.

Facts arising from the hearing held on 21/12/2009:

The following persons were present:

Complainant: Mr. Rajiv Kumar

Respondent: Ms. Jayshree Raghuram, Secretary-cum-Commissioner (F&S); Mr. SS Rathi, Jt. Commissioner; Mr. Kishore, Addl. Commissioner; Mr. Mange Ram, AC (North); Mr. KD Trehan, AC; Mr. Ajay Arora, AC (West); Mr. MK Sharma, AC (South); Mr. GS DHodi, AC (SW); Mr. Subhash Chander, AC (NW); Mr. HP Meena, AC (New Delhi); Mr. Mehresh, Sysyem Analyst; Mr. PP Baruah, Programmer

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.

The Commission discussed the various issues that were indicated in the Agenda which included information that must be displayed at the Fair Price Shops and the Circle Offices in compliance with the Department’s own orders as well as requirements of Section 4 of the Right to Information Act 2005. After consultation with the Food Commissioner as well as others present, the Commission directs 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 Food and Supply Department.

ii) All citizens should have access to daily sale register, and stock register under suo moto disclosure of RTI Act.

iii) Name and designation of each official in the Circle office along with their stated roles and responsibilities.

iv) Name and contact details of PIO’s 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.

The Complainant brought a sample display print of the information that may be displayed outside each Fair Price Shop. Keeping this is view, the Commission directs 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 has given a commitment to the Commission that she will ensure that the afore-mentioned information will be displayed before 31 January 2010.

Decision announced on 22 December 2009:

The Complaint is allowed.

The Department will ensure that the afore-mentioned information is displayed in the Circle Offices and the Fair Price Shops before 31 January 2010. A compliance report will be sent to the Commission before 05 February 2010.

This decision is announced in open chamber.

Notice of this decision be given free of cost to the parties.

Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.

Shailesh Gandhi

Information Commissioner

22 December 2009

(In any correspondence on this decision, mention the complete decision number.) ShG

CIC Order for Education Department

http://www.edudel.nic.in/new_circulars/6777_dt_30.12.2009.pdf