CENTRAL INFORMATION COMMISSION
Appeal No.3066/ICPB/2008
F. No. PBC/2008/00508
November 18, 2008
In the matter of Right to Information Act, 2005 - Section 18
[Hearing on 05.11.2008 at 5.00 p.m.]
Appellant: Mr. K.C. Sharma
Public authority: Food Corporation of India
Mr. Ashok Tiwari, Manager & PIO
Parties Present: For Respondent:
Mr. Ashok Tiwari, Manager
Mr. Kalesan, AG III
Mr. K.C. Sharma-Appellant
FACTS
:
The appellant has sought information under RTI Act by his letter dated
18.11.2007 addressed to CPIO, Food Corporation of India, Regional Office,
Gomti Nagar, Lucknow requesting information pertaining to his transfer, non-
grant of salary for a period of two years and in this connection he has listed as
many as 16 queries. The FCI has given reply on 26.11.2007. Not satisfied with
this reply the appellant preferred an appeal before the first AA on 4.2.2008.
Having not received any reply from the First AA the appellant preferred this
appeal before this Commission on 18.4.2008. Comments were called for from
the public authority vide letter dated 6.8.2008 and same has been received from
FCI on 18.9.2008. This case was taken up for hearing on 5.11.2008, which was
attended by the appellant in person and FCI was represented by Manager and
Assistant Grade-III, Gomti Nagar.
DECISION:
2. I have gone through the RTI application and other replies received in this
connection. Though some interim reply has gone from the CPIO, both CPIO
and AA have not provided any reply. Moreover, most of the information
requested by the appellant are queries in nature which will not fall under the
definition of information under section 2(f) of RTI Act. The fact is the appellant
was transferred to a place and he did not join and he remained on unauthorized
leave and on a later date he was transferred to another place and after joining
again he remained on leave. Likewise he remained on unauthorized leave
without any application for two years and no salary was paid to him. The
appellant is quite aggrieved with this and he has written letters to various
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authorities in FCI regarding non-drawal of salary for the said period. However,
he has not applied for any request for regularisation of the period. In this
connection the person who attended the hearing has stated he remained on
unauthorized leave so that he was not granted any leave on account non-
availability of application no salary was drawn. The appellant is quite aggrieved
he has not received any reply, therefore, I direct the CPIO to provide the
concerned file in which his transfer was discussed and in which his leave was not
regularized should be shown to the appellant along with notings of the competent
officers who has taken decision while transferring him or while rejecting his claim
on a mutually convenient time and date. After going through the file if the
appellant is requesting for any copies relevant to his case the CPIO will be
providing the same to the appellant. The CPIO should also provide the
particulars of the designated AA and in case if the appellant is still aggrieved he
can file an appeal before the First AA and the AA is directed to consider such an
appeal, if any filed, by giving a speaking order thereafter. Even after this if the
appellant is still aggrieved he can approach the Commission once again. On
these lines, the appeal is disposed of.
Let a copy of this decision be sent to the appellant and CPIO.
Sd/-
(Padma Balasubramanian)
Central Information Commissioner
Authenticated true copy :
(Prem Singh Sagar)
Under Secretary & Assistant Registrar
Address of parties :
1. Mr. Ashok Tiwari, Manager & PIO, Food Corporation of India, TC/3V,
Vibhuti Khand, Gomati Nagar, Lucknow-226010
2. Mr. K.C. Sharma, 132, New Arya Nagar, Hapur, dist. Ghaziabad-245101
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