CENTRAL INFORMATION COMMISSION
Appeal No.2967/ICPB/2008
F. No. PBC/2008/00924
October 27, 2008
In the matter of Right to Information Act, 2005 - Section 18
[Hearing on 15.10.2008 at 1.00 p.m.]
Appellant: Ms. Krishna Devi
Public authority: Food Corporation of India
Mr. M.L. Banerjee, DGM & CPIO
Parties Present: Respondent not present.
Ms. Krishna Devi-Appellant
Mr. Kumar Madan Mohan
FACTS:
The appellant has sought information under RTI Act by her letter dated
4.2.2008 addressed to PIO, Food Corporation of India, Patna (“FCI”) requesting
information pertaining to compassionate appointment. The PIO has given reply
vide letter dated 8.2.2008 by which he informed her she has not submitted the
application in a proper manner and therefore she was advised to submit the
application fee as per the requirement under RTI Rules. Since he has not
received any reply the appellant has filed her complaint before the State
Commission which has been forwarded to this Commission. This Commission
has called for comments from the FCI on 6.8.2008, which was received from PIO
on 13.8.2008. He has informed the appellant that he has been given reply vide
letter dated 7.7.2008 and therefore there is no cause of action from his side.
This case was taken up for hearing on 15.10.2008, which was attended by the
appellant in person along with his son. The CPIO did not attended the hearing in
spite of the notices were issued on 3.10.2008 and he has also not given any
information regarding his attendance, whereas the appellant has come all the
way from Bihar along with her representative to attend the hearing.
DECISION:
2. I have gone through the RTI application and other replies received in this
connection. During the hearing the appellant has stated that she has sent a
reminder on 20.2.2008. She has also shown certain records to show that the
CPIO has been very evasive in giving reply whenever they have approached
him. Considering the facts and circumstances of the case, I direct the CPIO to
show-cause why penalty cannot be imposed on him for not adhering to the
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provisions of the Act under section 20(1) of the RTI Act for delaying reply to the
appellant. Further though the application is dated 4.2.2008, he has been able to
give reply only on 7.7.2008. It is learnt during the hearing even in the reply he
has only informed the appellant that he has to collect this information from
Calcutta. This kind of reply is not acceptable to the Commission. I, therefore,
direct the PIO to provide point-wise reply to his application dated 4.2.2008 within
15 days from the date of receipt of this direction. If necessary he has to collect
the information from Calcutta under the provisions of section 5(5) of RTI Act by
which the custodian of the information would become the ‘Deemed CPIO’ and
since the appellant is applying for compassionate appointment from the CPIO,
FCI, Calcutta has to provide the reply within 15 days. While providing this reply
he is also to provide the particulars of first AA so that in case if the appellant is
not satisfied with the reply he or she can file appeal before the first AA.
Thereafter if he is still aggrieved he can approach the Commission. Therefore,
the CPIO is directed to give point-wise reply to the appellant and he should also
send his explanation to show-cause notice within 15 days from the date of
receipt of this direction. On the above lines, the appeal is disposed.
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. M.L. Banerjee, DGM & CPIO, Food Corporation of India, Regional
Office, Exhibition Road, Arunachal Bhawan, Patna-800001
2. Ms. Krishna Devi, W/o Late Sh. Hemant Kumar Jha, Bhutpurav Pradhan
Parhari Food Corporation of Inida, Village & Post-Bahadurpur, Darbhanga-
846001
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