Central Information Commission
Mr.Kailash Agarwal vs Food Corporation Of India on 31 October, 2011
Central Information Commission
Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan,
Bhikaji Cama Place, New Delhi110066
Web: www.cic.gov.in Tel No: 26167931
Case No. CIC/SS/A/2011/000932
Name of Appellant : Shri Kailash Agarwal
Name of Respondent : Food Corporation of India
Date of Hearing : 20.10.2011
ORDER
Shri Kailash Agarwal, the appellant has filed this appeal dated 16.3.2011 before the Commission against Food Corporation of India, Raipur for not providing information to his RTI-request dated 23.1.2007. The matter came up for hearing on 20.10.2011. The appellant was absent, whereas the respondents were represented by Shri Kalicharan, AGM.
2. The appellant filed an RTI-application dated 23.1.2007 seeking information on six queries relating to award of Railhead H&T Contract at Neora. The CPIO vide letter No. nil dated 25.3.2007 informed the appellant to deposit Rs. 36/- for getting information consisting of 18 pages. The appellant deposited Rs. 36/- vide receipt No. 1221 dated 23.4.2007.
3. Aggrieved by the non-receipt of information, the appellant preferred first-appeal dated 20.12.2010 before FAA. The FAA, vide order No. RTIA/RO/Raipur/08 dated 14.2.2011 dismissed appellant's first-appeal as time barred.
4. During the hearing the respondent submitted that APIO, FCI Regional Office, Raipur vide letter No. RTIA/RO/2007 dated 11.2.2007 provided information on Point No. 1; denied information on Point No. 2 u/s 8(1) (d) of the RTI Act, on Point No. 3 denied information u/s 8(1) (j) of the RTI Act, Point No. 4 and 5 were transferred u/s 6(3) of the 2 Case No. CIC/SS/A/2011/000932 RTI Act to FCI, Zonal Office, Mumbai and information was provided by District Office on Point No. 6. The CPIO, FCI, Zonal Office, Mumbai vide letter No. Vig/21(1)/RTI/ZO/2007 dated 11.6.2007 denied information to the appellant u/s 8(1) (h) of the RTI Act stating that the matter was under process and action was still pending. The CPIO vide letter No. 11 dated 21.4.2011 requested the appellant to collect Rs.36/- which was received for collecting information consisting of 18 pages vide receipt No. 1221.
5. Having heard the respondent and perused the relevant documents in file, the CPIO, FCI, Raipur is hereby directed to provide information on Point No.2 to the appellant, in case the tender process is over, within two weeks of the receipt of this order. The CPIO, FCI, Zonal Office, Mumbai is hereby directed to provide information on Point No. 4 and 5 to the appellant within two weeks of the receipt of this order. On remaining points, the Commission observes that requisite information as per record and permissible under the RTI Act has been provided to the appellant.
The matter is accordingly disposed of with the above directions.
(Sushma Singh) Information Commissioner 31.10.2011 Authenticated true copy:
(K.K. Sharma) OSD & Deputy Registrar 3 Case No. CIC/SS/A/2011/000932 Address of the parties:
Shri Kailash Agarwal, Handlign & Transportation Contractor, "Dropadi-Chhaya", C-7, Sec 2, Devendra Nagar, Raipur-492009 (Chattisgarh).
The CPIO, Food Corporation of India, Regional Office, Vidhansabha Road, Dalal Sivni Road, Kappa, Raipur-492005 (C.G).
The First Appellate Authority, Food Corporation of India, Regional Office, Vidhansabha Road, Dalal Sivni Road, Kappa, Raipur-492005 (C.G).
The CPIO, Food Corporation of India, Zonal Office (West), 2nd Floor, Dheeraj Arma, Dr. A.K. Marg, Bandra (East), Mumbai-400051.