CENTRAL INFORMATION COMMISSION
Appeal No.2581/ICPB/2008
F.No.PBC/08/263
July 30, 2008
In the matter of Right to Information Act, 2005 - Section 18
[Hearing on 22.7.2008 at 12.30 p.m.]
Appellant : Mr. Balbir Singh
Public authority: Food Corporation of India
Mr. Vikram Singh Gaur, General Manager & CPIO
Present: Respondents not present.
Mr. Balbir Singh - Appellant
Mr. Mahesh Chand Tyagi
FACTS
:
The appellant has sought information under RTI Act by his letter dated
14.12.2007 addressed to the PIO, Food Corporation of India, Noida pertaining to
certain service matters. He has mainly sought information regarding denial of
terminal benefits which he is entitled to. He has also requested information
pertaining to certain regulations of FCI staff Regulation. The PIO has given reply
vide letter dated 31.12.2007 by which he has given clarification to all the points
raised by him. However, he was not satisfied with the reply, therefore, he has
filed this complaint before the Commission on 8.2.2008. Comments were called
for vide letter dated 13.05.2008, which was received from FCI, Zonal Office,
Noida on 17.6.2008. Vide letter dated 17.6.2008 the office has clearly explained
the position regarding his case and they also stated though he has been given
reply by the PIO, he has not filed appeal before the first AA. Instead he has
come directly before the Commission.
DECISION:
2. This case was taken up for hearing on 22.07.2008, which was attended by
the appellant accompanied by his companion. Whereas the General Manager
(Vigilance) has sent a fax on the day of the hearing that he has received the
notice only on the date of the hearing, therefore, he could not attend the hearing.
I have gone through the RTI application as well as replies received in this
connection. The appellant is mainly requesting information pertaining to his
increment and he has also raised certain issues whether there is any provision in
the FCI Regulation for imposing minor penalties for which clarification has been
given in the reply as well as in the comments. The reply has also gone to the
appellant. As per the RTI Act, there should be disposal at the level of CPIO and
CPIO should provide particulars of first AA incase if the appellant is not happy
with the reply given by the PIO he can file first appeal. Thereafter he should file
second appeal before the Commission.
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3. In this particular case though the appellant is well within righting filing
complaint before the Commission still the Commission would like to have the
view of the first AA who is overseeing the work of the PIO and the appellant has
also raised mostly service matter for which he should find solution within the
organization rather than seeking information under RTI Act. It is also learnt from
the records the appellant has also approached Hon’ble High Court of Delhi and
the High Court has also passed certain direction to the FCI to dispose of the
appeal of the petitioner within certain period. This petition might have been
disposed of by now. Apart from that the High Court has not given any direction
to FCI to implement any other provisions. I, therefore, advise the appellant in
order to get the matter sorted out he should file first appeal before the first AA,
particulars of which would be ascertained from the Zonal Office, Noida, FCI and
in case if he files one such appeal the designated AA should dispose of this
appeal within 15 days by way of a speaking order. Thereafter 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. Vikram Singh Gaur, General Manager & CPIO, Food Corporation of
India, Zonal Office (North), Sector-24, Khad Sadan, Noida (UP)
2. Mr. Balbir Singh, Advocate, Room No. 124, Civil Court Hapur, Ghaziabad
(UP)
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