Monday, 29 September 2014

Whether Food supply officer can force ration card holders to sign no complaint letters: CIC


CENTRAL INFORMATION COMMISSION
(Room No.315, B­Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi 110 066)
File No.CIC/DS/A/2013/002484­SA
(Ms. Usha Devi Vs. Food & Supply, GNCTD, Delhi)

Date of decision : 26­-09-­2014
  Information Commissioner :
Prof. M. Sridhar Acharyulu
(Madabhushi Sridhar)


Sections 3, 19(3) of the RTI

Summary : ­ 
As per National Food Security Act 2013, Public Distribution System (control) Order, 2001 
and the Public Distribution System Control Order, 2001 not only the applicant is entitled 
to information about the stock and sale details of FPS shop but also about the people in 
general. The public authority is also under obligation to ensure that the record of FPS 
shop is maintained properly, as allotment of the food grains is done in accordance with 
that only. The Commission finds it necessary to remind the PIO and Public Authority that 
they have a duty provide information both under RTI Act and NFS Act besides having to 
duty to enquire into the complaint/ redress grievance of the card holders. Nowhere, were 

they permitted to force to give statements of  ‘no­complaint’.  Noting that it  is a serious 
obstruction to access to information, CIC   directs   the PIO and Public Authority to give 
up  such anti­RTI and anti Food  Security practice  immediately  and  ensure information 
required. 

FACTS
2.       The appellant submitted that through the RTI application dated 28­05­2013 she had 
sought a copy of the daily sale and stock register of sugar for the period January 2012 till April 
2013 for Ration shop no. 8349. As she did not receive the requisite information, she filed a 
first appeal dated 26­07­2013. FAA in his Order dated 4­09­2013, directed the PIO to provide 
the requisite information within 10 days. As the PIO did not comply with the order of the FAA, 
the appellant stated that she had to approach the commission in Second Appeal dated 25­10­
2013.
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The appellant further stated after the filling of Second Appeal, she received a reply 
on   29­11­2013  which  stated   that   information  had   been   sent   on  10­10­2013  and   that   it   is 
enclosed again. The enclosure was a letter dated 12­06­2013 signed by Mr. Yad Ram, FSO 
C­45 stating that the photocopy of the relevant pages can be obtained from the office of the 
Asst. Commissioner (South) “after depositing the requisite amount”.
4.  The appellant also submitted that the PIO tried to mislead the commission in the hearing 
by stating that the FPS(ration shop) had closed and therefore the department did not have the 
records which she had requested for. The appellant stated that it is a false claim as under 
different statutory provisions and order of the government; the department is required to, on a 
monthly basis and maintain the record.
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5.
The   appellant   in   her   written   submission   has   highlighted   the   various   statutory 
provisions under which, the ration shop was required to maintain and furnish copies of the 
daily sale and stock registers to the department:
Circular   No.   6(1)/Misc/CFS(D)/2005/370   dated   27/03/2006   of   the   department   of   food 
supplies and consumer affairs, calls upon the assistant commissioners to submit monthly certificates 
to the effect that:
1.
(a) SFA’s are available in each Fair Price Shop in the First week of the month
(b) 
(c) Proper registers are being maintained to record the arrival of SFAs and opening of sale.
The   quantity   of   drafts   submitted   during   the   month   does   not   exceed   the   total   monthly 
allocation of the circle/ Fair price shop
As per ‘Ready Reckoner’ of Control Orders issued by the Department of Food and supplies 
on 24/4/2005, the “Non­production of stock register, sale register... to the beneficiaries of the PDS...” 
is recognised as a default by the Ration shop owner ender various control orders.
2.
As per the Order dated 15­06­2006 of the Commissioner, Food and Supplies & Consumer 
affairs department, public audit of the records of Fair price shops are to be held in all the circle offices 
on  every  Saturday  except  for second Saturday. The guidelines direct the photocopy of the stock 
register and sale register, attested by the ration shop owner, to be obtained by the department for the 
audit.
3.
Prior   to   commencement   of   distribution   of   the   Specified   Food  Articles   to  the   ration   card 
holders, the officers of the department are required to open sale at the fair price shop level, once the 
specified   food   articles   have  benn  delivered  ot  the   FPS  from  the  FCI,  is   laid   down  on  order  no. 
PS/CFS/F&S/2005/128 dated 06.04.2005 issued by the office of the commissioner, food supplies and 
consumer affairs. The fair price shop owner is required to report the arrival of the food articles to the 
food supply officer within three hours of the receipt of the stock indicating the quatity received and the 
time of receipt. The circle FSO is then required to diarise the sadi information in  a register. Tjhre area 
inspector is then required to inspect to inspect the FPS within 3 hours of receipt of information and 
therafter   to   record   his   visit   in   the   receipt   column   of   the   stock   register   Vide   Circular   No. 
F.6(1)/CFS(D)/Misc/2005/1430 dated 16.11.2005 the offce of the Commissioner of Food Supplies and 
consumer affairs has directed all food supply officers to maintain  details relating to opening of sale in 
the fair price shops.
4.
5.
PDS Control Order 2001.
6.   The appellant submitted that in the RTI application, she had sought copies of the daily sale 
and stock registers of sugar for the period January 2012 till April 2013.The position taken by 
the PIO at the hearing that the department is not required to obtain copies of daily sale and 
stock   registers   of   the   ration   shops,   is   untenable   as   per   the   above­mentioned   statutory 
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provisions. That the PIO is trying to mislead the commission by giving false and incorrect 
information that the department is not required obtain/maintain records of the ration shop.
7.     The appellant further submitted that it is unconceivable that the ration shop would have 
been allowed to shut down without submitting records to the department. In any case, as per 
the above mentioned statutory provisions and orders of the government, the sale and stock 
records of ration shops have to be regularly inspected and obtained by the department on a 
monthly basis from the ration shop. Therefore, even if the ration shop shut down, the requisite 
records would have in any case been obtained on a monthly basis by the department, in 
order to sanction supply for the next month.
8.  The appellant therefore prayed before the Commission that direction be issued to PIO to 
provide the information as requested in her RTI application and also penalize the PIO an 
amount of Rs. 25000 for not furnishing the information within the stipulated time­frame.
     DECISION:
9.
The Central Information Commission had observed in Mr. Rajiv Kumar Vs. The 
Food Commissioner Department of Food & Supplies  [CIC/SG/C/2009/001619; 001621; 
001622/6047] with regard to Suo­Motu availability of information in Circle Offices and the Fair 
Price Shops as follows :
“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: 
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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 afore­mentioned information will be displayed before 31 January 2010.”
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The  enforcement  of  the above commitment  by  the Food  Commissioner  itself  would  have 
solved the problem of the appellant and in many more similar cases.
10.
Heard both the parties. The appellant, a ration card holder sought to know the 
copies of daily stock register and sale register pertaining to sugar from 1.1.2012 to 31.4.2013, 
number of APL and BPL card at Kusumpur Phadi Vasanth Vihar, New Delhi area ration shop, 
and where to complain if sugar is not given to her. She submitted that she has got the ration 
sugar only once or twice in 6 months and during Diwali season.  Her ration card entries are 
falsely made by the FPS dealer, even though she did not receive the rations.  A letter with her 
signature has also been taken by a representative of the Respondent authority, saying that 
she does not have any complaint regarding rations.   
11.Mr S N Gaur, FSO of the respondent authority submitted that the relevant FPS dealer 
resigned with effect from 22­5­2013 and the appellant’s RTI application is dated 28­5­2013 
and  hence  they  are  having  difficulty   in  supplying  the  information  to  the  appellant   as   the 
relevant sale and stock registers were not collected from the dealer.   FSO also submitted that 
they maintained the record only month­wise.   FSO submitted that he is always cooperative 
with the aggrieved ration card holders and redresses their grievances and offered his mobile 
No.9810589215 or calling him.  
12.    With regard to the inspection of the stock and sale register, the commission has come 
across a number of instances where the Public authority has either stated that the record is 
not available or that the record from which FPS is sought is closed or not available. The 
commission wants to bring into light the relevant provisions of the National Food Security 
Act,   2013  which   not   only   casts   liability   on   the   public   authority   to   make   the   information 
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available, but also provides the relevant tools to the Public with regard to the inspection of the 
record:
“CHAPTER IV – Identification of eligible households
....
Section 11 – Publication and display of list of eligible households :
The State Government shall place the list of the identified eligible households in the 
public domain and display it prominently.
  
CHAPTER V – Reform in Targeted Public Distribution System
Section 12: Reforms in Targeted Public Distribution System
(1)   The   Central   and   State   Governments   shall   endeavour   to   progressively 
undertake   necessary   reforms   in   the   Targeted   Public   Distribution   System   in 
consonance with the role envisaged for them in this Act.
(2) The reforms shall, inter alia, include­­
(a)  doorstep delivery of foodgrains  to the Targeted Public Distribution 
System outlets;
(b)  application of information and communication  technology  tools 
including   end­to­end   computerisation   in   order   to  ensure   transparent 
recording of transactions at all levels, and to prevent diversion;
(c) leveraging "aadhaar" for unique identification, with biometric information 
of entitled beneficiaries for proper targeting of benefits under this Act;
(d) full transparency of records;
(e)  preference   to   public   institutions   or   public   bodies   such   as 
Panchayats, self­help groups, co­operatives, in licensing of fair price 
shops   and   management   of   fair   price   shops   by   women   or   their 
collectives;
(f) diversification of commodities distributed under the Public Distribution 
System over a period of time;
(g) support to local public distribution models and grains banks;
(h) introducing schemes, such as, cash transfer, food coupons, or other 
schemes, to the targeted beneficiaries in order to ensure their foodgrain 
entitlements specified in Chapter II, in such area and manner as may be 
prescribed by the Central Government.
.
CHAPTER VII– Grievance Redressal Mechanism
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Section 14: Internal grievance redressal mechanism :
Every   State   Government   shall   put   in   place   an   internal   grievance   redressal 
mechanism   which   may   include   call   centres,   help   lines,   designation   of   nodal 
officers, or such other mechanism as may be prescribed.
Section 15: District Grievance Redressal Officer
(1) The State Government shall appoint or designate, for each district, an officer to 
be the District Grievance Redressal Officer for expeditious and effective redressal 
of grievances of the aggrieved persons in matters relating to distribution of entitled 
foodgrains or meals under Chapter II, and to enforce the entitlements under this 
Act.
(2) The qualifications for appointment as District Grievance Redressal Officer and 
its powers shall be such as may be prescribed by the State Government.
(3) The method and terms and conditions of appointment of the District Grievance 
Redressal Officer shall be such as may be prescribed by the State Government.
(4)   The   State   Government   shall   provide   for   the   salary   and   allowances   of   the 
District Grievance Redressal Officer and other staff and such other expenditure as 
may be considered necessary for their proper functioning.
(5) The officer referred to in sub­section (1) shall hear complaints regarding non­
distribution of entitled foodgrains or meals, and matters relating thereto, and take 
necessary action for their redressal in such manner and within such time as may 
be prescribed by the State Government.
(6) Any complainant or the officer or authority against whom any order has been 
passed   by   officer   referred   to   in   sub­section   (1),   who   is   not   satisfied   with   the 
redressal   of   grievance   may   file   an   appeal   against   such   order   before   the   State 
Commission.
(7) Every appeal under sub­section (6) shall be filed in such manner and within 
such time as may be prescribed by the State Government.
Section 16: State Food Commission
(1)   Every   State   Government   shall,   by   notification,   constitute   a   State   Food 
Commission for the purpose of monitoring and review of implementation of this 
Act.
(2) The State Commission shall consist of­­
(a) a Chairperson;
(b) five other Members; and
(c) a Member­Secretary, who shall be an officer of the State Government 
not below the rank of Joint Secretary to that Government:
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... ...
Provided   that   there   shall   be   at   least   two   women,   whether 
Chairperson, Member or Member­Secretary:
Provided further that there shall be one person belonging to the 
Scheduled   Castes   and   one   person   belonging   to   the   Scheduled 
Tribes, whether Chairperson, Member or Member­Secretary.
CHAPTER XI– Transparency and accountability
Section 27 – Disclosure of records of Targeted Public Distribution System.
All Targeted Public Distribution System related records shall be placed in the 
Public domain and kept open for inspection to the public, in such manner as may be 
prescribed by the State Government.
Section 28­ Conduct of Social Audit
(1) Every local authority, or any other authority or body, as may be authorized by the 
State Government, shall conduct or cause to be conducted, periodic social audits on the 
functioning of fair price shops, Targeted Public Distribution System and other welfare 
schemes ,and cause to publicize its findings and take necessary action, in such manner 
as may be prescribed by the State Government.
(2) The Central Government may, if it considers necessary, conduct or cause to be 
conducted
PUBLIC DISTRIBUTION SYSTEM (CONTROL) ORDER, 2001
GSR No.630 (E)­Whereas the Central Government is of the opinion that it is necessary 
and expedient so to do for maintaining supplies and securing availability and distribution 
of essential commodities under the Public Distribution System; 
Now,   therefore,   in   exercise   of   the   powers   conferred   by   section   3   of   the   Essential 
Commodities Act, 1955 (10 of 1955), the Central Government hereby makes the following 
order, namely: ­
.....
7. Licensing: 
(1) The procedure for issue of licenses or authorization to the fair price shops for the 
distribution  of   essential  commodities  under  Public  Distribution   System  and  duties  and 
responsibilities of the fair price shop owners shall be as per paragraph 5 of the Annexe to 
this Order. 
(2)   The   ration   card   holder   shall   not   be   denied   the   supply   as   per   entitlement   of   the 
essential   commodities,   lying   in   stock,   by   the   fair   price   shop   owner   under   the   Public 
Distribution System; 
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(3) The fair price shop owner shall not retain ration cards after the supply of the essential 
commodities. 
(4) Any ration card holder desirous of obtaining extracts from the records of a fair price  
shop owner may make a written request to such owner along with deposit of the fee  
specified by the State Government. 
(4A)  Within fourteen days from the date  of  receipt of a request  and  the  specified  fee  
under sub­clause (4), the fair price shop owner shall provide such extracts of records to  
the ration card holder.
8. Monitoring:
The procedure for monitoring of the Public Distribution System including the functioning 
of the fair  price  shops  by the State  Governments shall be  as  per paragraph  6  of the 
Annexe to this Order.
10. Power of search and seizure : 
(1)   An   authority   authorised   by   State   Government,   shall   be   competent   to   inspect   or 
summon   such   records   or   documents   as   may   be   considered   by   him   necessary   for 
examination and take extracts or copies of any records or documents produced before 
him. 
(2) If the said authority has reasons to believe on receipt of a complaint or otherwise that 
there has been any contravention of the provisions of this Order or with a view to securing 
compliance with this Order, he may enter, inspect or search the fair price shop or any 
premises relevant to transactions of business of the fair price shop. 
(3) The said authority may also search, seize or remove such books of accounts or stocks 
of  essential  commodities where  such   authority  has  reason   to believe  that  these   have 
been used or will be used in contravention of the provisions of this order. 
(3A) The authority conducting search and seizure under sub­clause (3) shall inform the  
State Government or an officer authorised by it in this behalf, the details of the search  
conducted and the stocks of essential commodities so seized by them under that clause. 
(4) The provisions of section 100 of the Code of Criminal Procedure 1973, relating to 
search and seizure shall so far as may be, apply to search and seizure under this Order.
14. Provisions of the Order to prevail over previous Orders of State Governments: 
The provisions of this Order shall have effect notwithstanding anything to the contrary 
contained   in   any  Order   made   by  a   State   Government   or  by  an   officer   of   such   State 
Government before the commencement of this Order except as respects anything done, 
or omitted to be done thereunder before such commencement
Annexe to the Public Distribution System Control Order, 2001
4. Distribution: 
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(1) The Food Corporation of India (FCI) or any other agency designated for the purpose 
by the Central Government shall ensure physical delivery of foodgrains of fair average 
quality to State Governments for distribution under the Public Distribution System, as per 
the   allocations   made   by   the   Central   Government,   within   two   weeks   of   the   receipt   of 
payment from the State Governments and issue of release orders. 
(2)   State   Governments   shall,   on   getting   allocation   of   foodgrains   from   the   Central 
Government, issue district­wise allocation orders authorising their agencies or nominees 
to draw foodgrains from the FCI within ten days of the receipt of allocation orders made 
by the Government of India 
(3) The designated authority of the State Government shall ensure delivery of one copy of  
allocation order made to the fair price shop simultaneously to Gram Panchayats or Nagar  
Palikas   or   Vigilance   Committees   or   any   other   body   nominated   for   monitoring   the  
functioning of the fair price shops by the concerned State Government and such order  
shall specify:­ 
(i) Number of cards and units; 
(ii) Balance in hand; and 
(iii) Allocation made for each month in respect of a fair price shop. 
(4)   Gram   Panchayats   or   Nagar   Palikas   or   Vigilance   Committees   or   any   other   body 
nominated  for monitoring  the functioning  of  the  fair  price  shop  by  State Governments 
shall display the stocks of essential commodities allotted during the month to the fair price 
shops on a notice board outside their office. 
(5)While making monthly allocations to the fair price shops the designated authority of 
State Governments shall take into account the balance stock, if any, lying un­distributed 
with the fair price shop owners for the subsequent allocations. 
(6)   State   Governments   shall   make   arrangements   for   taking   delivery   of   essential 
commodities   issued   by   the   Central   Government   by   their   designated   agencies   or 
nominees from the FCI depots/godowns and ensure further delivery to the fair price shop 
within the first week of the month for which allocation is made. 
(7) Before making the payment to the FCI the representatives of State Governments or 
their  nominees  and  the   FCI   shall  conduct   joint   inspection   of  the   stocks  of   foodgrains 
intended   for   issue   to   ensure   that   the   stocks   conform   to   the   prescribed   quality 
specifications. 
(8)The FCI shall issue to the State Governments stack­wise sealed samples of the stocks 
of foodgrains supplied to them for distribution under the Public Distribution System at the 
time of despatch. 
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(9) State Governments shall exercise necessary checks to ensure that full quantity lifted 
by them reaches their godowns and in turn the fair price shops. 
(10)   State   Governments   shall   ensure   that   stocks   of   essential   commodities   under   the 
Public Distribution System, as issued from the FCI godowns, are not replaced by stocks 
of inferior quality during storage, transit or any other stage till delivery to the ration card 
holder. 
5. Licencing: 
State Governments shall issue an order under section 3 of the Act for regulating the sale  
and distribution of the essential commodities. The licenses to the fair price shop owners  
shall be issued under the said order by the `designated authority’ appointed by the State  
Government and the authority shall lay down the duties and responsibilities of the fair  
price shop owner. The responsibilities and duties of fair price shop owners shall include,  
inter alia: 
(i) sale of essential commodities as per the entitlement of ration card holders at the retail 
issue   prices   fixed   by   the   concerned   State   Government   under   the   Public   Distribution 
System; 
(ii) display of information on a notice at a prominent place in the shop on daily basis 
regarding   (a)   list   of   BPL   and   Antodaya   beneficiaries,   (b)   entitlement   of   essential 
commodities, (c) scale of issue, (d) retail issue prices, (e) timings of opening and closing 
of the fair price shop, (f) stock of essential commodities received during the month, (g) 
opening and closing stock of essential commodities and (h) the authority for redressal of 
grievances/lodging   complaints   with   respect   to   quality   and   quantity   of   essential 
commodities under the Public Distribution System; 
(iii)   maintenance   of   records   of   ration   card   holders   (APL,   BPL   and   Antyodaya),   stock 
register, issue or sale register; 
(iv)   furnishing   of   copies   of   specified   documents,   namely,   ration   card   register,   stock 
register, sale register to the office of the Gram Panchayat or Nagar Palika or Vigilance 
Committee or any other body authorized by State Governments for the purpose; 
(v) display of samples of foodgrains being supplied through the fair price shop;
(vi) production of books and records relating to the allotment and distribution of essential 
commodities   to   the   inspecting   agency   and   furnishing   of   such   information   as   may   be 
called for by the designated authority; 
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(vii) accountal of the actual distribution of essential commodities and the balance stock at 
the end of the month to the designated authority of the concerned State Government with 
a copy to the Gram Panchayat; 
(viii) opening and closing of the fair price shop as per the prescribed timings displayed on 
the notice board. 
6. Monitoring: 
(1) State Governments shall ensure a proper system of monitoring of fair price shops and 
prescribe model sale register, stock register and ration card register. 
(2) State Governments shall ensure regular inspections of fair price shops not less than 
once in six months by the designated authority. State Governments may issue orders 
specifying the inspection schedule, list of check points and the authority responsible for 
ensuring compliance with the said orders. 
(3) Meetings of the Vigilance Committees on the Public Distribution System at the State, 
District, Block and FPS level shall be held on a regular basis. The date and periodicity 
shall be notified by State Governments However, the periodicity shall not be less than one 
meeting a quarter at all levels. 
(4)   State   Governments  shall  ensure   a   periodic  system  of   reporting   and   the   complete 
information in this regard shall be sent in the prescribed form as follows: 
(i) By fair price shops to the District Authorities by the 7th of the month following the 
month for which allocation is made in Form ‘A’. 
(ii) By the District Authorities to State Government by the 15th of the month following the 
month for which allocation is made in Form ‘B’. 
(iii)   By   the   State   Government   to   the   Central   Government   by   the   end   of   the   month 
following the month for which allocation is made in Form ‘C’. 
(5)   Future   allocation   of   foodgrains   to   States   shall   be   linked   to   the   receipt   of   regular 
reports from the respective States and furnishing of utilization certificates by them within 
a period of two months from the month for which allocation is made. 
(6)   State   Governments   shall   ensure   monitoring   of   the   functioning   of   the   Public 
Distribution System at the fair price shop level through the computer network of the NIC 
installed in the District NIC centers. For this purpose computerized codes shall be issued 
to each FPS in the district. 
(7) State Governments shall educate the ration card holders regarding their rights and 
privileges under the Public Distribution System by use of electronic and print media as 
well as display boards outside fair price shops.
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(8) State Governments shall issue and adopt the Citizen’s Charter based on the model 
Citizens Charter issued by the Central Government. 
(9) The designated authority shall direct the concerned fair price shop owner to provide 
relevant   extracts   of   the   documents   maintained   by   him   on   an   application   made   by   a 
beneficiary, on payment of a prescribed fee.”
As per National Food Security Act 2013, Public Distribution System (Control) Order, 2001 and 
the Public Distribution System Control Order, 2001 in the above referred provisions not only 
the applicant is entitled to information about the stock and sale details of FPS shop but also 
the people in general. The public authority is also under obligation to ensure that the record of 
FPS shop is maintained properly, as allotment of the food grains is done in accordance to it 
only.
13.
The PIO in this case was arguing on one hand that information sought was not 
available and on the other, saying that after she filed application, the Fair Price Shop Dealer 
resigned and thus they could not give any information. During the hearing it was also revealed 
that the appellant was made to sign a letter saying that she did not have any complaint 
against   the   Fair   price   shop   dealer.   The   PIO   himself   has   submitted   the   signed   copy   of 
appellant stating she had no complaint at all. The NGO representatives who assisted the 
appellant in filing and pursuing RTI application alleged that the appellants were forced by the 
officers to sign ‘no­complaint’ letters to counter their RTI applications. 
14.
The Commission finds the action and responses of the PIO in this case are self 
contradictory   and   totally   against   the   letter   and   spirit   of   both   legislations,   the   Right   to 
Information Act, 2005 and the National Food Security Act, 2013. Generally, the BPL card 
holders do not even dare to give a complaint against the dealers, though they do not receive 
ration   regularly.   They   quietly   suffer   the   breach   of   ration   supply   norms.   But   it   is   quite 
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uncommon and almost impossible that such illiterate woman like appellant to write a letter 
especially to the FSO that she had no complaint at all. The PIO told the Commission that they 
also need to build a file to counter the campaign of NGOs through BPL card holders who are 
directed to file multiple RTI application against the Fair Price Shop Dealers.  He has alleged 
that NGOs are forcing the BPL card holders to file RTI applications. He has produced a 
Photostat copy of appellant’s ration card which showed her signatures for receipt of ration. 
She explained that it was for food grains and not for sugar. 
15.
The Commission finds it necessary to remind the PIO and Public Authority that 
they have a duty to provide information both under RTI Act and NFS Act besides having to 
duty to enquire into the complaint/ redress grievance of the card holders. Nowhere, were they 
permitted to procure forced letters of ‘no­complaint’.  The Commission views it as a serious 
obstruction to access to information, directs   the PIO and Public Authority to give up such 
anti­RTI and anti Food Security practice immediately as that such forced procurement of no­
complaint letters would be a practice against the objective of RTI Act attracting provisions of 
Section 20 of RTI Act, for imposing penalty.  
16.
The Commission directs the public authority to provide information relating to the 
Fair Price Shop referred in the RTI application, either month­wise/date­wise, to the appellant 
within 15 days from the date of receipt of this order free of cost.  
17.       The Commission also recommends the public authority to treat the appellant’s RTI 
application   as   a   complaint   and   inquire   into   the   matter   and   they   should   also   create   a 
mechanism to provide daily stock and sale register as stipulated by the NFS Act, so that 
manipulations by the FPS dealers can be prevented.  They are also recommended to enforce 
a uniform policy of providing information to the people in general regarding distribution of 
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rations   as   per   the   Sections   12   and   27   of   the   National   Food   Security   Act,   2013.     The 
Commissioner for Food, Supply and Consumer Affairs is legitimately expected to create a 
mechanism for easy access to this kind of information as per the requirements under NFS 
Act, which is also mandated by Section 4(1)(b) of the RTI Act.  
18.     With the above observations, the Commission disposes of the appeal. 
     (M. Sridhar Acharyulu)
Information Commissioner
Authenticated true copy 
(Babu Lal)
Deputy Registrar
Address of the parties:
1. The CPIO under RTI, Govt. Of NCT of Delhi,
Department of Food and Supply, Asstt. Commissioner
South District, Asian Market, Sector­3, 
Pushp Vihar,  NEW  DELHI
2. Smt. Usha Devi,
C­42, Kusum Pur Pahari, Vasant Vihar
New Delhi­110070
3. The Commissioner for Food, Supplies and Consumer Affairs
Department of Food & Supply, Govt. of NCT of Delhi
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Secretariat, I.P. Estate, New Delhi­110002
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