M. B. Jayan vs Food Corporation Of India on 5 August, 2019

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Central Information Commission

M. B. Jayan vs Food Corporation Of India on 5 August, 2019

Bench: Neeraj Kumar Gupta

                             के   ीय सूचना आयोग
                       Central Information Commission
                          बाबा गंगनाथ माग,मुिनरका
                        Baba Gangnath Marg, Munirka
                        नई द ली, New Delhi - 110067

ि तीय अपील सं या / Second Appeal No. CIC/FCIND/A/2018/100479

M. B. Jayan                                               ... अपीलकता/Appellant


                                VERSUS
                                 बनाम


CPIO, Food Corporation of India,                          ... ितवादी/Respondent
Alappuzha, Kerala.

Relevant dates emerging from the appeal:

RTI : 22-06-2018           FA      : 27-07-2018         SA:03-01-2018

CPIO : 22-07-2018          FAO : 05-08-2018             Hearing: 02-08-2019

                                   ORDER

1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Food Corporation of India, Alappuzha seeking information regarding ID filed by the FCI Workers Coordination Committee, Mavelikkara before the RLC(C), Tvm against recovery of DC/Rebooking charges; ESI case relating to payment of subscription etc.

2. The CPIO responded on 22-07-2018. The appellant filed the first appeal dated 27-07-2018 which was disposed of by the first appellate authority on 05-08- 2018. Thereafter, he filed a second appeal u/Section 19(3) of the RTI Act before the Commission requesting to take appropriate legal action against the CPIO u/Section 20 of the RTI Act and also to direct him to provide the sought for information.

Page 1 of 3

Hearing:

3. The appellant, Mr. M. B. Jayan attended the hearing through video conferencing. Ms. Remya R. L., Manager(G)/CPIO participated in the hearing representing the respondent through video conferencing. The written submissions are taken on record.

4. The appellant stated that the respondent should be directed to provide him a copy of the complaint submitted by Ms. Remya R. L., Manager(G).

5. The respondent informed the Commission that they have already given a reply to the appellant thereby indicating factual position in the matter vide their letter dated 22-07-2018. Further, she informed the Commission that the matter is pending investigation and therefore, her complaint letter should not be disclosed to the appellant.

Decision:

6. This Commission observed that due information, as available in records, has been provided to the appellant vide letter dated 22-07-2018. Further, this Commission observed that the matter is pending investigation and disclosure of the complaint of Ms. Remya R. L., Manager(G) has a potential to impede the ongoing process of the investigation. However, while disposing of this second appeal on merit, this Commission observed that Ms. Remya R. L., Manager(G) who is also the CPIO in this case should have recused herself from dealing with this RTI application

7. With the above observations, the appeal is disposed of.

8. Copy of the decision be provided free of cost to the parties.


                                                              नीरज कु मार गु ा)
                                          Neeraj Kumar Gupta (नीरज           ा
                                                                  सूचना आयु )
                                        Information Commissioner (सू

                                                           दनांक / Date 02-08-2019

Authenticated true copy
(अिभ मािणत स यािपत  ित)

S. C. Sharma (एस. सी. शमा),
Dy. Registrar (उप-पंजीयक),
(011-26105682)



                                                                           Page 2 of 3
 Addresses of the parties:
1.    The CPIO
      Food Corporation of India,
      Manager (RTI) / CPIO,

District Office: Alappuzha, Kerala-688012

2. M. B. Jayan Page 3 of 3

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