CENTRAL INFORMATION COMMISSION
Appeal No.3068 to 3070/ICPB/2008
F. No. PBA/2008/1057, 1330 & 1331
November 18, 2008
In the matter of Right to Information Act, 2005 - Section 19
[Hearing on 06.11.2008 at 12.15 p.m.]
Appellant: 1. Mr. Shyam Lal Agarwala (File No. 1057)
2. Mr. Bajrang Agarwala (File No. 1330)
3. Mrs. Nirmala Devi Agarwala (File No. 1331)
Public authority: Ministry of Consumer Affairs, Food & Public Distribution
Mr. Amit Mehta, Director & CPIO
Parties Present: For Respondent:
Mr. Amit Mehta, Director
Mr. T.T.K. Muan, SO
Mr. R.P. Singh, General Manager
Appellant not present.
DECISION
This Commission has received these three appeals under consideration from
three different appellants under RTI Act addressed separately to Department of Food
and Consumer Affairs and Public Distribution, Delhi requesting information pertaining to
various VIP references made to the Department in respect of some outstanding bills
preferred by the appellant with Food Corporation of India. Though the applications vary
slightly they are all relating to the bills pending with FCI, Assam for which he is requiring
action taken and latest position thereto including certified copies of uptodate orders on
the VIP references. Hence, these three appeals were clubbed together and being
disposed of by this common order.
File No. CIC/PBA/2008/01057: Replies have gone from the CPIO as well as AA
in all these three matters. As far as Ministry is concerned they have stated that they
have got their own record retention policy and they have stated whatever information he
has sought between 1998 to 2000 they are not expected to retain and hence destroyed.
In respect of other two references which the appellant has made is pertaining to FCI
they have intimated that the appellants can take up the matter directly with FCI and the
Ministry has also endorsed a copy to the FCI. This is the stand has been taken by the
PIO as well as by the AA while disposing of this appeal on 13.9.2006 and 25.3.2008. It
is also noticed when the PIO has given reply vide letter dated 13.9.2006 he has not
provided the particulars of first AA and he has also not indicated the appellant is
expected to file appeal within 30 days. Whereas the appellant has preferred an appeal
only on 26.2.2008, which is much after the time-frame prescribed under the RTI Act.
However, the appeal has been disposed of by the AA on 25.3.2008. Since the
1
appellant is not satisfied he has filed second appeal on 30.6.2008, which was taken up
for hearing on 6.11.2008, which was attended by the Director, Ministry of Food and
Public Distribution, who is also the CPIO and also a Section Officer. The representative
from FCI, HQ was also present. The appellant did not attend the heraing.
FCI representative stated the application dated 1.9.2006 has been replied on
11.12.2006 by FCI, Zonal Office by enclosing 10 documents in respect of his
application. It is learnt during the hearing the appellant must be transporting certain
goods for FCI and some amount has to be paid on account of which he has taken up
the matter with Ministry of Food and Public Distribution. He has taken up the matter
with FCI with reference to VIP references. The PIO and AA of the Ministry have already
given reply. However, he has been taking up the matter with reference to his claim with
the FCI by filing RTI application for which he has given reply on 11.12.2006. I,
therefore, advise the appellant since he has taken up the matter simultaneously with the
Ministry as well as FCI it has caused lot of confusion and retention policy of the Ministry
and FCI may differ and since some amount is due to him FCI is expected to have all
such records so it would be prudent to file appeal before the designated AA in FCI, viz.,
The Executive Director (North East), Assam for getting necessary clarification to his
query. In case if he is interested in inspection of concerned files he can request for the
same before the AA. The AA is directed to dispose of the appeal by giving a speaking
order as per the RTI Act. After receipt of the reply if the appellant is still aggrieved, he is
at liberty to approach the Commission. In these lines, the appeal is disposed.
Though the other appeals in Files Nos. CIC/PBA/2008/01330 & 01331 have been
filed by the different appellants, viz., appellant No.2 and 3, these appeals are also with
reference to the claim which the appellants have made to FCI. The same decision
holds good to all these appeals. Accordingly these three appeals stand 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. Amit Mehta, Director & CPIO, D/o Food & Public Distribution, Krishi Bhawan,
New Delhi-110001
2. Mr. Shyam Lal Agarwala, Vill +PO+PS, Fakiragram, Dist. Kokrajhar, B.T.A.D
(Asom)-783345
3. Mr. Bajrang Agarwala, Vill +PO+PS, Fakiragram, Dist. Kokrajhar, B.T.A.D
(Asom)-783345
4. Ms. Nirmala Agarwal, Vill +PO+PS, Fakiragram, Dist. Kokrajhar, B.T.A.D (Asom)-
783345
2