CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No.CIC/LS/A/2009/000646
Appellant : Shri K.K. Tamrakar
Public Authority : Food Corporation of India
(through Shri George Kuriakose, DGM (Law);
Advocate Shri Karunesh Tandon & Shri Ramesh
Babu, AGM (RTI))
Date of Hearing : 31.8.2009
Date of decision : 31.8.2009
FACTS
:
By his letter of 22.10.2008, the appellant had sought information
regarding the tours undertaken by Shri Surinder Singh, Executive Director
(West), Mumbai. It may be pertinent to mention that he has sought information
in his capacity as Chief Coordinator of Pardarshak Social Welfare Society.
2. CAPIO vide letter dated 9.1.2009 had refused to disclose the information
on the ground that information could be sought by a citizen of India and not a
society relying on the Full Bench decision dated 3.3.2008 of this Commission in
The Secretary, Cuttack Bar Association Vs Commissioner of Income Tax,
Cuttack.
3. The present appeal is directed against the order of the CPIO.
4. Heard on 31.8.2009. Appellant not present. The public authority is
represented by the officers named above. It is the forceful submission of
Advocate Tandon that the appellant has not requested for information in his
individual capacity as a citizen of India as provided in section 3 of the RTI Act
but as an office bearer of Pardarshak Social Welfare Society. Relying on the
Commission’s Full Bench decision referred to above, he would plead that the
decision of Full Bench is binding on the present Single Bench and that
information is not disclosable to the appellant. Besides, he would also submit
that the appellant has not been able to establish that a larger public interest would
be served in the disclosure of information. He would, therefore, strongly object
to the disclosure of information.
5. I have carefully gone through the Full Bench Decision of this
Commission referred to above. As noted above, the present appeal has also been
filed by Shri Tamarakar in his capacity as Secretary of Pardarshak Social Welfare
Society. In this context, it may be apt to extract from the Commission’s decision
under reference as follows :-
“…………………….. Similarly, the 2nd appeal before this Commission
has not been filed in the name of any individual citizen but by the
Secretary of the Cuttack Bar Association and it has been signed by Shri
Natbar Panda as Secretary for and on behalf of the Association. From
this, it is clear that the signatories to the application and the appeal under
the RTI Act are two distinct individuals. It, therefore, leaves no doubt
that it is the Association which is the applicant and the appellant as a
distinct legal entity and the Association or its Secretary in its official
designation cannot be treated as “citizen” under the law.
From the above, it is crystal clear that the Society in question is not eligible to
seek information under the law and the appeal is bereft of merit.
DECISION
6. In view of the above, the appeal is dismissed.
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
Address of parties :-
1. Shri George Kuriakose
DGM (Law),
Food Corporation of India,
Zonal Office (West), 2nd Floor,
Dheeraj Arma, Anant Kanekar Marg,
Bandra (E), Mumbai-400051
2. Shri K.K. Tamrakar,
Chief Coordinator, Pardarshak,
HIG-20, Prakash Nagar, Bye Pass Road,
Bhopal