Mr. Hakam Singh vs Food Corporation Of India on 27 October, 2008

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Central Information Commission
Mr. Hakam Singh vs Food Corporation Of India on 27 October, 2008
          CENTRAL INFORMATION COMMISSION
                                                                     Appeal No.2968/ICPB/2008
                                                                        F. No. PBA/2008/00696
                                                                              October 27, 2008

             In the matter of Right to Information Act, 2005 - Section 19
                              [Hearing on 15.10.2008 at 3.30 p.m.]


Appellant:          Mr. Hakam Singh

Public authority:   Food Corporation of India
                    Mr. P.K. Choudhary, Area Manager & PIO

Parties Present:    For Respondent:

Mr. P.K. Choudhary, Area Manager
Mr. V.B. Bansal, Manager

Mr. Hakam Singh-Appellant

DECISION

The appellant has sought information under RTI Act by his letter dated
12.12.2007 addressed to CPIO, Food Corporation of India, District Office,
Bathinda in which he has requested information pertaining to some committee
report constituted by Dr. D.M.Faridkot under whose supervision Rice Stock
issued after suspension of Shri Mohan Lal, AG-I(D) and other related matter.
Since the matter is not concerning with him, the Area Manager has forwarded
this application to Area Manager, FCI, Faridkot on 18.12.2007. Since he has not
received reply, he has preferred an appeal before the first AA on 18.2.2008. He
has forwarded it to the General Manager, Punjab Region, Chandigarh. He has
indicated he has not received any reply from either from Bathinda or from
Faridkot. Therefore he has requested the GM to help him out to get the
information, which he has sought in his application. Again he has not received
any reply. This has resulted in filing of this appeal before the Commission on
18.4.2008. Comments were called for vide letter dated 12.7.2008 from FCI,
which has been received on 16.8.2008 in which it has been intimated to the
Commission that Bathinda Region is not concerned with this case and the
application has already been transferred to Faridkot. The appellant has also sent
a letter vide letter dated 16.8.2008 by which he has informed the Commission
that he has not received any information from Bathinda or from Faridkot.

2. This case came up for hearing on 15.10.2008, which was attended by the
Area Manager, Kapurthala and Manager Bathinda. The appellant has also

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attended the hearing. All along the stand taken by FCI Bathinda is that they are
not concerned with the case. When the notice has been issued for hearing, the
same has not been transferred to Faridkot. Therefore I direct the CPIO, Bathinda
to collect all information from Faridkot within 15 days as per the queries raised by
the appellant in his application and provide it to the appellant within1 5 days. The
CPIO, Bathinda should collect the information from Faridkot and provide it to the
appellant and he should also give the particulars of the first AA so that in case if
the appellant is not satisfied with the reply he can file appeal before the first AA.
It is also surprising to me that the appellant has filed his appeal on 18.2.2008
before the GM, FCI, Punjab Region. The AA has given direction to the Area
Manager, FCI, Faridkot to provide information within two days vide letter dated
18.3.2008. In spite of that, the Area Manager, FCI has not provided the reply to
the appellant. I, therefore, direct the Area manager, FCI, Faridkot to show-
cause why penalty cannot be imposed on him under section 20(1) of the RTI Act
for not responding to the letter which was forwarded by the Area Manager of
Bathinda on 12.12.2007 and also by the General Manager, Chandigarh on
18.3.2008. Since the application is concerning with Faridkot the Area Manager
has to give reply within 15 days. He should also file his reply before the
Commission during the same period and he should also send his explanation to
the show-cause within 15 days. It is once again directed the Area Manager of
Bathinda who has attended the hearing should coordinate with the Area
Manager, Faridkot to provide the information to the appellant.

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. The Area Manager & PIO, Food Corporation of India, Districh Office,
Bathinda, Punjab.

2. The Area Manager & PIO, Food Corporation of India, Faridkot, Punjab.

3. The General Manager & First Appellate Authority, Food Corporation of India,
Punjab Region, Chandigarh.

4. Mr. Hakam Singh, Asst. Grade-I, (Depot), Storage Section, Food Corporation
of India, District Office, Bathinda.

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