Central Information Commission
Sushanta Kumar Das vs Food Corporation Of India on 21 April, 2023
Author: Vanaja N Sarna
Bench: Vanaja N Sarna
क ीय सुचना आयोग
CENTRAL INFORMATION COMMISSION
बाबा गंगनाथ माग
Baba Gangnath Marg
मुिनरका,
नरका नई द ली - 110067
Munirka, New Delhi-110067
File no.: - CIC/FCIND/A/2022/112543 +
CIC/FCIND/A/2022/112544
In the matter of
Sushanta Kumar Das
... Appellant
VS
1. Central Public Information Officer
Food Corporation of India (FCI)
Regional Office, Khadya Bhawan,
Satsang Vihar, Bhubaneshwar - 751 007
2. Central Public Information Officer
Food Corporation of India
Divisional Office Durg (Chattisgarh)
Nanesh Complex, In Front Of Krishi Upaj Mandi,
Durg - Dhandha Road, Kadambari Nagar,
Durg, (C.G.) - 491001
...Respondents
File Nos. : 112543 112544 RTI application filed on : 05/11/2021 16/11/2021 CPIO replied on : 04/12/2021 29/12/2021 First appeal filed on : 24/12/2021 14/01/2022 First Appellate Authority order dated : Not on Record 29/01/2022 Second Appeal dated : 21/02/2022 11/03/2022 Date of Hearing : 20/04/2023 Date of Decision : 20/04/2023 The following were present: Appellant: Present over VC
Respondent: S.K. Alendar, Maj. (RTI)/CPIO for Respondent No. 2-Present over phone 1 Information Sought:
The appellant has sought the following information with reference to letter dated 20/02/2009, wherein it has been stated that in the KMS 2004-05, 30692.353 MTs of paddy and 21365.125 MTS of rice had been transported from Chhattisgarh to Odisha:
1. Provide the details of transporters and millers who had transported how much Paddy from Chhattisgarh to Orissa and how much transportation charges, milling charges and other charges / expenditure had been paid by FCI to them. Also provide details of individual persons / transporters / Millers in this regard along with copies of payment details like copies of raising bills, details of cheque/D.D. by which payment had been made to them, copies of their Money Receipt, etc.
2. Provide copies of documents based on which the transportation, milling charges and delivery charges had been paid by FCI to aforesaid transporters / millers / individuals.
3. Provide copies of letters of FCI, Odisha and Govt. of Odisha based on which the officials of FCI, Odisha and Govt. of Odisha had been deputed / deployed to supervise the aforesaid transportation of paddy from Chhattisgarh to Orissa, milling of paddy at Odisha and delivery of paddy to Govt. of Odisha.
4. And other related information.
Grounds for filing Second Appeal:
The CPIO did not provide the desired information.
Submissions made by Appellant and Respondent during Hearing:
The appellant stated that the respondents have not adequately addressed his queries. He alleged involvement of a high level corruption of about Rs 100 crores regarding the same subject matter and also claimed that it was being inquired into by the CBI. However he failed to place on the record of the Commission any document in support of his averments. He submitted that he had sent the supporting documents to the Commission by post on 16.04.2023 and therefore requested for deferment of the hearing. He did not place on the record of the Commission any proof of delivery.
The CPIO for respondent no. 1 failed to remain present for the hearing despite due service of the notice of hearing sent to his office vide speed post no. ED365476914IN.
The CPIO for respondent no. 2 submitted that the information sought for was in the seisin of the respective Divisional Office, therefore, the RTI application and the first appeal were transferred to the Divisional Manager of Raipur, Durg 2 and Bilaspur. He submitted that the Divisional Managers concerned have communicated that the information sought for was not available as it was 16 years old and untraceable in records. On being questioned by the Commission about the reasons for non-availability of the information, the CPIO stated that the same was due to the records being too old and therefore, untraceable in the offices.
Observations:
The Commission at the outset after informing both the parties clubbed the instant cases for hearing and final disposal as the appellant was seeking similar information from both the respondent public authorities. Keeping in view the facts of the case and after hearing the submissions of both the parties, the Commission noted that the appellant was seeking certain intricate details and documents pertaining to the year 2009 from the respondents. As per the documents available on the record, the sought for documents were neither traceable in the regional office nor in the divisional offices concerned. The CPIO for the respondent no. 2 also explained the reasons for non-availability of the sought for information during the hearing and the same was accepted by the Commission.
The Commission reiterated that it is a settled law that only that information which is held by the public authority or under the control of the public authority can be provided. Since the information sought for is unavailable in the records of the authority, the Commission cannot direct the CPIO to create or generate the information.
The Commission was unable to accept the contentions of the appellant regarding the alleged corruption as the contentions were unsubstantiated and adjudication of corruption matters was outside the purview of the Commission. The Commission is a creature of the statute and its powers and functions are prescribed by the RTI Act, 2005. Therefore, no further action lies. The request of the appellant for deferment of the case at the time of pronouncing of the decision could not be honoured at such a belated stage, hence, this was rejected by the Commission.
The CPIO for respondent no. 1 neither appeared for the hearing nor sent any written submissions to the Commission. Therefore, this conduct of the CPIO was viewed adversely by the Commission and he is being directed by the Commission to appear for all hearings convened by the Commission in future.3
Decision:
With the above observations, the instant second appeal is disposed of.
वनजा एन.
Vanaja N. Sarna (वनजा एन सरना) सरना सूचना आयु ) Information Commissioner (सू Authenticated true copy (अिभ मािणत स यािपत ित) A.K. Assija (ऐ.के . असीजा) Dy. Registrar (उप-पंजीयक) 011- 26182594 / दनांक / Date 4