Central Information Commission
Sandip Mondal vs Food Corporation Of India on 3 February, 2026
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No: CIC/FCIND/A/2024/643394
Sandip Mondal
.....अपीलकर्ाग /Appellant
VERSUS
बनाम
CPIO : Food Corporation of India, ....प्रनर्वािीगण /Respondent
16-20, Barakhamba Lane,
New Delhi - 110001.
Date of Hearing : 03-02-2026
Date of Decision : 03-02-2026
INFORMATION COMMISSIONER : Khushwant Singh Sethi
Relevant facts emerging from appeal:
RTI application filed on : 19-06-2024
CPIO replied on : 11-07-2024
First appeal filed on : 13-08-2024
First Appellate Authority's order : 30-08-2024
2nd Appeal dated : 27-09-2024
Information sought:
1. The Appellant filed an RTI application dated 19-06-2024 seeking the following information:CIC/FCIND/A/2024/643394 Page 1 of 6
" I,Sandip Mondal (Emp No: 267456), Manager (A/Cs), attached to Corporation of India Divisional Office Jeypore under Odisha Region, made a grievance through email dated 03-05-2023 & 11-07-2023 (copy enclosed) to the appropriate authority of FCI HQ New Delhi regarding non-sanctioning (by FCI Odisha Region) of Hotel Accommodation Charges on tour on deputation of Procurement related Works at FCI DO Tezpur under Assam Region in KMS 2021- 22 although for the same tour, payments of reimbursement for Hotel Accommodation Charges was sanctioned and paid by FCI Bihar Region. But, it is regrated that no reply has not yet been received from FCI HQ New Delhi regarding my aforesaid grievance..
Now, the following query may kindly be replied to the undersigned:
1) Being self-case, please provide the copy of Note-Sheet of file on which, the above grievance of undersigned dated 03-05-2023 is processing. In this regard, copy of my Office Identity Card is enclosed for you ready identification purpose.
2. Please provide the existing circular regarding reimbursement of lodging/accommodation charges of FCI Executive (Cat-II) while on Procurement Tour for eighty-nine (89) days.
3. Please provide the list of Circular/s regarding discontinuation of Separate rates for Daily Allowance for the procurement duties (plus HRA) and Daily Allowance on Tour as stated in FCI HQ Circular vide WR-13-2011-19 dt 16-11- 2011 (copy enclosed) as mentioned in Point No: 2 (i)
4. Kindly intimate that the FCI Circular No: 9 of 1993 issued under Ref. No:
EP.19-1/85 dated 17-March-1993 (copy enclosed) is still active for compliance for Category II & III employees or not."
2. The CPIO furnished a reply to the Appellant on 11-07-2024 stating as under:
"1. No such information regarding processing of your email dated 03.05.2023 & 11.07.2023 is available in EP Section.
2. Kindly refer to Circular No. EP-13-2018-30 dated 28.11.2018.CIC/FCIND/A/2024/643394 Page 2 of 6
3. The information sought is not specific in nature. However, circular no. WR-13-2021-03 dated 16.04.2021 regarding revision of rates of daily Allowance/ Composite daily allowance admissible on tour for executives and non-executives is enclosed.
Further, it is informed that:
"As per DoPT Circular No. 4/2009-IR dated 5.10.2009, A citizen has a right to seek such information from a public authority which is held by the public authority or which is held under its control. The Public Information Officer is not supposed to create information: or to interpret information; or to solve the problems raised by applicants; or to furnish replies to hypothetical questions".
4. It is informed that Central Information Commissioner in its Order CIC/ AT/A/2006/00045 No. dated 21.04.2006 has conveyed that "the RTI Act does not cast on the public authority any obligation to answer queries in which a petitioner attempts to elicit answers to his questions with prefixes, such as, why, what, when and whether. The petitioner's right extends only to seeking information as defined in Section 2(f) either by pinpointing the file, document, paper or record etc., or by mentioning the type of information as may be available with the specified public authority"
3. Being dissatisfied, the Appellant filed a First Appeal dated 13-08-2024. The FAA vide its order dated 30-08-2024, held as under:
"The undersigned as Appellate Authority under the RTI Act 2005 has gone through the RTI application dated 19.06.2024 and noted that CPIO has furnished the information to the appellant within stipulated time period as available in EP Division vide letter No. FCI HQ-EP059(11)/1/2024-EP dated 11.07.2024.
However, as regards the information sought in the appeal at point No.3 above, a copy of relevant circulars related to daily allowance are attached herewith for kind reference.
Further, as regards the information sought at point No.4 above, it is again informed that Central Information Commissioner in its Order CIC/FCIND/A/2024/643394 Page 3 of 6 No.CIC/AT/A/2006/00045 dated 21.04.2006 has conveyed that "the RTI Act does not cast on the public authority any obligation to answer queries in which a petitioner attempts to elicit answers to his questions with prefixes, such as, why, what, when and whether. The petitioner's right extends only to seeking information as defined in Section 2(f) either by pinpointing the file, document, paper or record etc., or by mentioning the type of information as may be available with the specified public authority"
4. Feeling aggrieved and dissatisfied, Appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Absent.
Respondent: Mr. Sunil Kumar, AGM (EP), attended the hearing in person.
5. The Respondent submitted that the appellant sought information about circular regarding reimbursement of lodging/accommodation charges of FCI executives. The respondent submitted that they have provided circular dated 28.11.2018 to the appellant.
6. The Commission queried the respondent about the appellant's allegation of not providing circular dated 16.11.2011 & present status of circular dated 17.03.1993. To this, the respondent submitted that they have provided the circular dated 16.11.2011 to the appellant and further, the circular dated 17.03.1993 is still in force. The Commission queried the respondent as to CIC/FCIND/A/2024/643394 Page 4 of 6 whether they can provide copy of the circular dated 16.11.2011 to the appellant once again. To this, the respondent agreed.
Decision:
7. The Commission, after adverting to the facts and circumstances of the case, hearing the respondent and perusal of the records, observes that the respondent gave an appropriate reply to the appellant vide letter dated 11.07.2024. However, during the hearing the respondent agreed to again provide the circular dated 16.11.2011 to the appellant & revised reply for point no. 4. Therefore, the respondent is directed to give a revised reply to the appellant for point no.4 and also provide a copy of the circular dated 16.11.2011, as agreed during the hearing. The respondent shall provide the aforesaid revised reply to the appellant, within 15 days from the date of receipt of this order under intimation to the Commission - both through post and via uploading on http://dsscic.nic.in/online-link-paper-compliance/add. Accordingly, the appeal is disposed of.
Copy of the decision be provided free of cost to the parties.
(Khushwant Singh Sethi) (खुशवन्त स िंह ेठी) Information Commissioner ( ूचना आयुक्त) निनां क/Date: 03.02.2026 Authenticated true copy S. K. Chitkara (एस. के. नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26107026 CIC/FCIND/A/2024/643394 Page 5 of 6 Copy To:
1. The CPIO Food Corporation of India, 16-20, Barakhamba Lane, New Delhi - 110001.
2. The FAA, Food Corporation of India, 16-20, Barakhamba Lane, New Delhi - 110001.
3. Sandip Mondal CIC/FCIND/A/2024/643394 Page 6 of 6 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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