Central Information Commission
Shri Prakash Chandra vs Food Corporation Of India, Noida on 30 January, 2009
1341PrakashChandraFCINoida301 11 1
CENTRAL INFORMATION COMMISSION
Room No.308, B wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
Appeal No. CIC/PB/A/2008/001341
Appellant: Shri Prakash Chandra
Public Authority: Food Corporation of India, Noida
(through Shri D.P. Shukla,
DGM(Pers.) (CPIO) &
Shri Praveen Gauram, Manager(RTI))
Date of Hearing: 30/01/2009
Date of Decision: 30/01/2009
FACTS:-
By his letter of 07/07/2008, the Appellant had requested for information on eight points centering around the Departmental action initiated against Shri J.C. Sharma, Assistant, Grade-I, working in FCI Zonal Office, Noida. Vide letter dated 20/08/2008, CPIO had refused to disclose the information in terms of section 11 of RTI Act but had not mentioned any exemption clause in it.
2. On Appeal, the Appellate Authority had upheld the decision of CPIO vide letter dated 26/09/2008 on the ground that disclosure of this information would not serve any public purpose.
3. The present Appeal has been directed against the order of the CPIO and the AA.
4. The matter was heard on 30/01/2009. The Appellant appeared before the Commission. The Food Corporation of India is represented by the officers named above. It is the submission of Shri Prakash Chandra that he is an officer of DANICS Service, presently posted in Daman, and that, some time back, he was prosecuted by CBI on flimsy charge of mis-use of authority in attesting an affidavit etc. Shri J.C. Sharma, according to him, is a CBI witness in the matter. He further submits that as per information received by him from FCI, Shri Sharma was a stock witness in as many as 126 cases way back in 2006. His overall submission is that he needs the following information about Shri J.C. Sharma to impeach his credibility in the court of law, in the interest of administration of justice:-
a) whether Departmental inquiry has been initiated against him; and
b) whether after the conclusion of Departmental inquiry, any penalty has been imposed on him.1341PrakashChandraFCINoida301 11 2
5. His further submission is that he wants to know the name and other particulars of Manager E II, who had appended his signatures on letter dated 30/06/2006, sent to him by FCI.
6. Shri Shukla would submit that he has no objection to the disclosure of this information to the Appellant on the above mentioned three points.
DECISION
7. In view of the above, Shri Shukla, DGM, FCI, is hereby directed to disclose the information to the Appellant in three weeks time.
Sd/-
(M.L. Sharma) Central Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges, prescribed under the Act, to the CPIO of this Commission.
(K.L. Das) Assistant Registrar Tele: 011 2671 73 53