Central Information Commission
Jai Hari Nandan vs Food Corporation Of India on 15 December, 2021
Author: Neeraj Kumar Gupta
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/2020/670641
Mr. Jai Hari Nandan ... अपीलकता /Appellant
VERSUS
बनाम
CPIO ... ितवादी/Respondent
Food Corporation of India
Regional Office, Haryana
BAY NOS-29-32, Sec-04,
Panchkula, Haryana-134112
Relevant dates emerging from the appeal:-
RTI : 27-11-2019 FA : 28-12-2019 SA : 15-05-2020
CPIO : 06-01-2020 FAO : Not on Records Hearing : 10-12-2021
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, Panchkula, Haryana. The appellant seeking information is as under:-
"1. Why the jobs had not been given on the basis of compassion after 2016 in D group (handling labour)
2. I also want to know the number of jobs given to the person on the basis of compassion (only tatkal appointments) and their names 2 / 7 2 / 7 2 / 9 between 2000 to 2016 in Haryana.
3. The copy of files of those person who got Jobs in tatkal on compassion based whose guardian not died at spot (means in depot) but while going back to home or after admitted in hospital".
2. The CPIO vide letter dated 02-01-2020 applicant RTI application transferred to the concerned CPIO, for furnish the desired information directly to the applicant and the concerned CPIO vide letter dated 06-01-2020 provided point-wise reply to the appellant. Being dissatisfied with the same, the appellant has file first appeal dated 28-12-2019 on ground the information is not provided Page 1 of 3 properly and requested that the information should be provided to him. The order of the FAA, if any is not on record with the Commission. Thereafter the appellant has filed a second appeal before the Commission on the ground that information sought has not been provided to him and requested to direct the respondent to provide complete and correct information.
Hearing:
3. The appellant attended the hearing through audio-call. The respondent, Shri D. Nanda, AGM/ CPIO attended the hearing through audio-call.
4. The appellant submitted that the desired information has not been provided to him by the respondent on his RTI application dated 27.11.2019.
5. The respondent while reiterating the replies of the CPIO/ FAA submitted that vide their letter dated 06.01.2020, they have furnished a categorical reply to the appellant that no such information is available with this office.
6. However the appellant contested that the information sought on point no. 01 of the RTI application is not limited to the O/o. FCI, Haryana. Further with regards to point no. 02 of the RTI application, the appellant clarified that since the respondent use the word 'Tatkal' on their appointment letters he has framed his queries using that word and hence pleaded that complete and correct information be furnished to him.
7. Upon being queried by the Commission whether they had transferred the RTI application to the HR department of Head office, the respondent replied in negative.
Decision:
8. The Commission, after hearing the submissions of both the parties and after perusal of records, observes that the appellant has sought information pertaining to the appointment based on compassionate ground and issues related thereto. The Commission further observes that with regards to point no. 01 of the RTI application, the appellant attempts to elicit answer to his question with prefixes, such as, 'what', 'how' and 'why. Therefore, the CPIO is not supposed to interpret information; or to furnish replies to situational queries; or to furnish clarifications. Hence, the queries seeking answers and explanations from the CPIO are not covered within the definition of 'information' u/Section 2(f) of the RTI Act, 2005. In this regard, the Commission refers to the definition of 'information' u/s Section 2(f) of the RTI Act, 2005 which is reproduced below:
"information" means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, report, papers, samples, models, data material Page 2 of 3 held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force."
9. With regards to point no. 02 of the RTI application the Commission directs the respondent to furnish a revised reply to the appellant as per their available records and in accordance with the provisions of the RTI Act, 2005. Further with regards to point no. 03 of the RTI application the Commission finds that the information sought by the appellant pertains to the third party personal information and hence the same is barred from disclosure under section 8(1)(j) of the RTI Act, 2005. Keeping in view the same the Commission directs the respondent to comply the abovementioned direction within a period of 15 days from the date of receipt of this order under the intimation to this Commission.
10. With the above observations, the appeal is disposed of.
11. 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 : 10-12-2021
Authenticated true copy
(अिभ मािणतस यािपत ित)
S. C. Sharma (एस. सी. शमा ),
Dy. Registrar (उप-पंजीयक),
(011-26105682)
Addresses of the parties:
1. CPIO
Food Corporation of India
Regional Office, Haryana
BAY NOS-29-32, Sec-04,
Panchkula, Haryana-134112
2. Mr. Jai Hari Nandan
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