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/2010/001134
Name of Complainant : Shri S.K. Mishra
Name of Respondent : Food Corporation of India
Date of Hearing : 16.03.2011
ORDER
Shri S.K. Mishra, the appellant has filed this appeal dated 15.11.2010 before the
Commission against Food Corporation of India (FCI), Patna for not providing information
to his RTI-request dated 8.9.2010, which came up for hearing on 16.3.2011. The appellant
was absent, whereas the respondents were represented by Shri Aniruddha Mishra, RO.
2. The appellant filed RTI-request dated 8.9.2010, seeking information on fifteen RTI-
queries pertaining to appointment of Shri Amikar Dayal in FCI against sports quota. The
PIO vide letter No.59/Shri S.K. Mishra/RTI dated 4.10.2010 denied information to the
appellant u/s 8(1) (j) of the RTI Act.
3. When the appellant did not receive reply from PIO, he preferred his first-appeal on
11.10.2010 before AA, FCI, Patna, which was not decided by AA.
4. During the hearing the respondents stated that on the submission by 3rd party, the
CPIO informed the appellant accordingly on 4.10.2010 and again on 13.10.2010. The AA
vide order No. RTI Cell-64/S.K. Mishra/2010/2056 dated 4.2.11 has decided appellant’s
first-appeal, who upheld the decision of PIO.
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Case No. CIC/SS/A/2010/001134
5. After hearing the respondents and on perusal of the relevant documents on file, the
Commission observed that for Point No. 8, there is no disclosure obligation on the public
authority and for Point No. 15, the information was provided by PIO. For remaining Points,
the matter is remitted to AA with the direction to provide point-wise information to the
appellant on Point Nos. 3, 4, 5, 6, 7, 9, 10, 11, 12, 13 and 14 as per record, under the
provisions of RTI Act within two weeks of the receipt of this order. The AA is further
directed to transfer Point No. 1 & 2, to FCI, East Zone, Kolkata u/s 6(3) of the RTI Act, as
they are the appointing authority of Shri Amikar Dayal.
The matter is disposed of with the above directions.
Sd/-
(Sushma Singh)
Information Commissioner
29.03.2011
Authenticated true copy:
(K.K. Sharma)
OSD & Assistant Registrar
Address of the parties:
Shri S.K. Mishra, Advocate,
Budh Nagar, Road No. 3,
Post Lohia Nagar,
Patna-800020.
The PIO,
Food Corporation of India,
“Firdaus Building”, Exhibition Road,
Patna-800001.
The Appellate Authority,
Food Corporation of India,
Regional Office, Exhibition Road,
Arunachal Bhawan,
Patna-800001.