Central Information Commission
Ashish Rathi vs Food Corporation Of India on 21 February, 2023
CIC/FCIND/A/2021/658908
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/2021/658908
In the matter of:
Ashish Rathi ... अपीलकता/Appellant
VERSUS
बनाम
1. CPIO, ... ितवादीगण /Respondent
Food Corporation of India,
Zonal Office-Chennai (South),
3, Haddows Rd, Chennai, Tamil
Nadu -600006
2. CPIO,
Food Corporation of India,
Headquarter Office, 16-20,
Barakhamba Lane,
New Delhi-110001
Relevant dates emerging from the appeal:
RTI Application filed on : 09.07.2021
CPIO replied on : 05.08.2021
First Appeal filed on : 28.09.2021
First Appellate Authority order : 13.10.2021
Second Appeal received on : 08.12.2021
Date of Hearing : 20.01.2023
The following were present:
Appellant: Shri. Ashish Rathi, participated in the hearing in person
Respondent: Shri. Dewkant Das, CPIO & Deputy General Manager
(Contributory Provident Fund), Food Corporation of India, participated in
the hearing in person
Page 1 of 7
CIC/FCIND/A/2021/658908
ORDER
Information sought:
The Appellant filed an online RTI Application dated 09.07.2021 seeking information on the following two points:
"A RTI application was filed on 22/01/2021 vide no. FCIND/R/E/21/00079 through which information was sought regarding transfer CPF amount of applicant from south zone to north zone of Food Corporation of India. In respect of above mentioned RTI information was provided by CPIO/CPF that the CPF amount will be transferred from south zone to north zone in the year 2020-021 to rectify the cumulative CPF balance, but so far the CPF amount has not been transferred from south zone to north zone and hence the cumulative balance has also not been rectified by concerned office. You are requested to let me know
1) How much time more it will take for rectification of CPF cumulative balance amount figure?
2) What action has been taken by concerned offices in this regard since 22/01/2021 for transfer of CPF amount to rectify the cumulative balance against CPF No. SN 130145 C."
Shri. Upendra Kumar Medhavi, CPIO/Assistant General Manager (CPF), Food Corporation of India, New Delhi vide letter dated 05.08.2021, forwarded RTI application to the Deputy General Manager (CPF), Food Corporation of India, Zonal Office (South), Chennai and endorsed a copy to the Appellant as under:
Being dissatisfied, the Appellant filed a First Appeal dated 28.09.2021. The First Appellate Authority vide order dated 13.10.2021, informed as under:Page 2 of 7
CIC/FCIND/A/2021/658908 Grounds for Second Appeal:
The Appellant filed a Second Appeal u/s 19 of the Act on the ground of unsatisfactory reply furnished by the Respondent. Appellant requested the Commission to direct the CPIO to provide complete information sought for.Page 3 of 7
CIC/FCIND/A/2021/658908 Submissions made by Appellant and Respondent during Hearing:
The Appellant stated that he is not satisfied with the reply furnished by the Respondent with respect to the instant RTI Application as they are providing misleading and contradictory information. Upon being queried by the Commission to substantiate the above stance, the Appellant submitted that the Respondent has furnished a letter dated 03.01.2023 wherein it is stated that the averred fund has been transferred whereas in the letter dated 04.01.2023 the Respondent itself is asking to confirm the status of remittance of CPF Contributions.
The Respondent submitted that even though the Appellant has sought information with respect to his grievance, a categorical reply on the basis of the information as available on record has been provided to the Appellant. Further as regards the contention of the Appellant regarding contradiction, it is submitted by the Respondent that letter dated 04.01.2023 is only an internal correspondence regarding the transfer of CPF Contributions of the Appellant.
The Respondent further submitted that point 1 of the RTI Application is mere clarification which does not fall within the ambit of definition of 'Information' as per section 2 (f) of the RTI Act. Further, vide point 2 of the RTI Application the Appellant is seeking action taken with respect to transfer of his CPF Contribution and the same has been intimated to the Appellant.
A written submission has been received by the Commission from Shri. Amit Ruj, General Manager (CPF) vide letter dated 03.01.2023, and the copy of Page 4 of 7 CIC/FCIND/A/2021/658908 the same has been sent to the appellant wherein the commission has been apprised as under:
A written submission has been received by the Commission from Shri. Dewkant Das, CPIO, DGM-CPF vide letter dated 16.01.2023, and the copy of the same has been sent to the appellant wherein the commission has been apprised as under:Page 5 of 7
CIC/FCIND/A/2021/658908 Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that the Respondent has attended the instant RTI Application within the stipulated time frame by furnishing the requisite information as available on record. Moreover, the Appellant is harping on the redressal of his grievance, which is beyond the adjudicatory powers of the Commission. Hence, the Commission finds no further scope of intervention in the instant matter. With the above observations, the instant Second Appeal is disposed of. Copy of the decision be provided free of cost to the parties.
The Appeal, hereby, stands disposed of.
Amita Pandove (अिमतापांडव) Information Commissioner (सूचना आयु ) दनांक / Date: 21.02.2023 Authenticated true copy (अिभ मािणत स यािपत ित) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पंजीयक) 011-26105027 Page 6 of 7 CIC/FCIND/A/2021/658908 Addresses of the parties:
1. The First Appellate Authority (FAA) Food Corporation of India, Headquarter Office, 16-20, Barakhamba Lane, New Delhi-110001
2. The Central Public Information Officer (CPIO), Food Corporation of India, Zonal Office-Chennai (South), 3, Haddows Rd, Thousand Lights West, Gandhi Nagar, Chennai, Tamil Nadu -600006
3. CPIO, Food Corporation of India, Headquarter Office, 16-20, Barakhamba Lane, New Delhi-110001
4. Mr. Ashish Rathi Page 7 of 7