CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No. CIC/PB/C/2007/00397/LS
Complainant : Shri Mohan Chandra Mishra
Public Authority : Food Corporation of India Employees Co-operative
Credit Society Ltd
Date of Hearing : 18.3.2009
Date of Decision : 18.3.2009
Facts
The matter, in short, is that the complainant was sent a Demand Draft
amounting to Rs. 41,817/- by the FCI Employees Co-operative Credit Society
(Society hereinafter) but the same was not accompanied by calculation-sheet.
Hence, the appellant had requested the PIO to provide the calculation sheet. It
appears that he was not provided the calculation sheet and has moved the
Commission vide his letter dated 1.10.2007.
2. The matter was fixed up for hearing on 18.3.2008. Parties did not appear
before the Commission. Hence, it has been decided to dispose of the matter on the
basis of material on record.
3. In the Commission’s records, I find the letter dated 1.8.2008 of Shri Anil
Krishan Roy, Secretary of the Society which reads as follows :-
“i. This Society is registered under Multi State Co-operative Societies Act &
rules 2002, Xerox copy for the same is enclosed herewith;
ii. This Society, the Food Corporation of India Employees Co-operative Credit
Society Ltd has not received any grant from FCI or any other Govt. body.”
4. Shri Roy, perhaps, intends to convey through this letter that as the Society is
not getting any grant from FCI, it is not a public authority under section 2(h) of the
RTI Act. The question for consideration before this Commission is whether the
Society is a public authority or not. The relevant portion of clause (h) of section 2 of
the RTI Act is reproduced below :-
“(h) ‘public authority’ means any authority or body or institution of self
Government established or constituted –
(a) .........................
(b) By any other law made by parliament;
(c) ........................"
5. Admittedly, the Society is registered under the Multi State Co-operative
Societies Act, 2002 which has been enacted by the Parliament of India.
6. In this view of the matter, the Society is covered under sub-clause (b) of
clause (h) of section 2 of the RTI Act and, therefore, is a public authority. Needless
to say, and the PIO of the Society is required to respond to request of the
complainant.
DECISION
7. In view of above, Shri Anil Kumar Roy, Secretary of the said Society is
hereby directed to send calculation sheet to the complainant in regard to the demand
draft under reference in 04 weeks time.
8. The matter is disposed of subject to the above directions.
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