Central Information Commission
Sanjay Kumar vs Food Corporation Of India on 23 January, 2025
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/FCIND/A/2023/619978
Shri Sanjay Kumar ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, Food Corporation of India ...प्रनतवािीगण /Respondent
Date of Hearing : 21.01.2025
Date of Decision : 21.01.2025
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 28.12.2022
PIO replied on : 06.02.2023
First Appeal filed on : 07.02.2023
First Appellate Order on : 06.03.2023
2ndAppeal/complaint received on : Nil
Information soughtand background of the case:
The Appellant filed an RTI application dated 28.12.2022 seeking information on the following points:-
"1) Provide copy of noting Sheet of Regional Office, Punjab Administration section file no. A/1(P&T)/2022, File No. A/1(Misc. Coord)/2021 and File No. A/1(P&T)/Cat.III/2022 w.e.f 01.06.2021 to 28.12.2022.
2) Provide copy of office orders/Transfer orders regarding section/division/branch change within Regional Office, Punjab issued w.e.f 01.06.2021 to 28.12.2022.
3) Provide posting profile (time period served in each section/division/branch) of all category III employees currently posted in Regional Office, Punjab (as on 28.12.2022) since their joining in Regional Office, Punjab.
4) Provide the list of section/division/branch/seat considered to be as sensitive by FCI in Regional office, Punjab along with copy of the circular regarding sensitive seats in FCI w.r.t. Regional Office, Punjab.
5) Provide the list of all Category-III employees who have been re-posted in same section despite remaining at same sensitive seat since joining in FCI, Regional Office, Punjab.
6) Provide details of officials joined in Regional Office, Punjab who were transferred on longer stay basis from other regions to Punjab region w.r.t. AG I (D), AG II (D), AG I (T) and AG II (T) w.e.f. 01.05.2022.
7) Provide details of officials transferred out of Regional Office, Punjab within Punjab region w.r.t. AG I (G), AG II (G), AG III (G) w.e.f. 01.05.2022.Page 1 of 3
8) Provide the details of AG I (T) and AG II (T) who are currently posted in sections other than the Quality Control Division and Quality Control Lab of Regional Office, Punjab as on 28.12.2022."
The CPIO, Food Corporation of India, New Delhi vide letter dated 03.01.2023 replied as under:-
With reference to above, it is intimated that the information sought under ibid RTI application dated 28.12.2022 pertains to FCI RO Punjab. Therefore, your RTI application dated 28.12.2022 is being transferred to the concerned CPIO FCI RO Punjab for providing the requisite information within prescribe time limit."
Subsequently, AGM (Admn.)/CPIO, Food Corporation of India, Chandigarh, Punjab vide letter dated 06.02.2023 replied against point No. 1 & 6 of RTI application, which is as under:-
Point No. 1:- The files referred do not pertain to above referred desks and hence untraceable.
Point No.6:- No such data is maintained by this office as the orders for Inter- region transfers are issued by Zonal Office: North."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 07.02.2023. The FAA, FCI, Punjab vide order dated 06.03.2023 held as under:-
"The undersigned as Appellate Authority under Right to Information Act 2005, examined the application and has observed that information has already been furnished to the applicant vide this office letter No. A/1(AG-I Depot)/Misc/File/75 dated 06.02.2023. A copy of same is enclosed here with for ready reference."
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
A reply dated 16.01.2023 from the AGM(Pers./CPIO), RO Punjab is also found on record whereby the Appellant had been provided the following information:
1. As the information required large no of copies to be Xerox, hence applicant may be called personally at Office for physical verification of pages to be Xerox and there after deposition of per page charges if any. 2-3. Not readily available.
4. The information is a policy matter and relevant circulars can be obtained from FCI website
5. Please refer to FCI circular No. 01/2021 dated 25.02.2021 on website.
6. As the information required large no of copies to be Xerox, hence applicant may be called personally at Office for physical verification of pages to be Xerox and there after deposition of per page charges if any.
7-8. Not readily available.
Facts emerging in Course of Hearing:
Hearing was scheduled after giving prior notice to both the parties.
Appellant: None Respondent: Shri Satish Kumar - AGM, FCI, Punjab was present through video conference during hearing.Page 2 of 3
Respondent alone was present for hearing and reiterated that information available on record had been duly provided to the Appellant, in terms of the RTI Act.
Decision:
Perusal of records of the instant case reveals that the Respondent had furnished information available on records, as defined under Section 2(f) of the RTI Act, in terms of the provisions of the Act to the Appellant. Considering the fact that the Appellant has chosen not to contest the case and because the response of the PIO is legally appropriate and well within the precincts of the RTI Act, no further intervention is warranted in this case, under the RTI Act.
The appeal is disposed off accordingly.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 of 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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