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CENTRAL INFORMATION COMMISSION
Room No.308, B wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
Appeal No. CIC/PB/A/2008/01091/LS
Appellant: Shri A.K.M. Lohia
Public Authority: Food Corporation of India, Mumbai
(through Shri K.P. Waghmare,
Deputy General Manager,
FCI Zonal Office, Mumbai)
Date of Hearing: 05/03/2009
Date of Decision: 05/03/2009
FACTS
:-
The matter, in short, is that the Appellant, by his application dated 26/12/2007,
had requested for stepping up of his pay at par with his junior Shri B.K. Raheja, ex-
Manager(D) with effect from 24/04/1994. In the application, he had also cited cases of
six junior officers whose pay had been stepped up. Besides, he had requested for copies
of the note-sheets vide which the cases of six others named in the RTI application were
stepped up as well as the file notings relating to his own case.
2. CPIO had responded to it vide letter dated 23/01/2008 stating therein that his pay
could not be stepped up due to the FCI policy guidelines.
3. He had filed an Appeal against the order of CPIO which was decided by the
Executive Director (WZ)(AA), vide his order dated 15/10/2008, wherein he had referred
to FCI guidelines as also the stay given by the Hon’ble Court due to which his pay could
not be stepped up.
4. The present Appeal is directed against the order of the CPIO and the AA.
5. The matter was heard on 05/03/2009. The Appellant did not appear before the
Commission. The FCI is represented by the officer named above. It is his submission
that the pay of the Appellant cannot be stepped up due to the policy guidelines of the FCI
and also due to the fact that the matter is sub judice. When queried as to why file notings
requested for by the Appellant cannot be given to him, Shri Waghmare would submit that
they cannot be given in terms of the provisions of the RTI Act.
6. It needs to be emphasized that only that information can be denied to the
Appellant which is exempted u/s 8(1) of the RTI Act. A careful perusal of the aforesaid
section indicates that file notings are not exempted from disclosure. In this view of the
matter, the view taken by FCI does not appear to be legally correct.
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7. In view of the above, Shri Surinder Singh, Executive Director (West Zone)(AA),
Food Corporation of India, Zonal Office (West), 2nd Floor, Dhiraj Arma Building, Anant
Kanekar Marg, Bandra(E), Mumbai-400 051 is hereby directed to provide photocopies of
the file notings relating to the matters of six junior officers as mentioned in the RTI
application as also the file notings relating to the Appellant’s case, to the Appellant in
four weeks time. This information may be provided to him free of cost.
8. The matter is disposed of subject to the above directions.
Sd/-
(M.L. Sharma)
Central Information Commissioner
Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges,
prescribed under the Act, to the CPIO of this Commission.
(K.L. Das)
Assistant Registrar
Tele: 011 2671 73 53