Information about fixation order - CIC: Appellant sought specific information related to him but the FCI has given vague and misleading reply - CIC issued a warning to the CPIO for not disposing the RTI application meticulously; Give complete information
O R D E R
1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Food Corporation of India, Mumbai. The appellant seeking information on three points, including, inter-alia:-
(i) Copy of the fixation order on his being converted from the CDA
scale to IDA scale on promotion after 01.01.89;
(ii) Copy of working sheet of his conversion processing from CDA to
2. As the CPIO had not provided the requested information, the appellant filed the first appeal dated 10.06.2019 requesting that the information should be provided to him. The first appellate authority was ordered on 08.07.2019 and disposed of his first appeal. He filed a second appeal u/Section 19(3) A second appeal against the decision under sub-section (1) shall lie within ninety days from the date on which the decision should have been made or was actually received, with the Central Information Commission or the State Information Commission: Provided that the Central Information Commission or the State Information Commission, as the case may be, may admit the appeal after the expiry of the period of ninety days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. of the RTI Act before the Commission on the ground that information has not been provided to him and requested the Commission to direct the respondent to provide complete and correct information.
3. The appellant attended the hearing through audio-call. The respondent, Shri Nipun Trikha, CPIO attended the hearing through audio-call.
4. The written submissions of the parties are taken on record.
5. The appellant submitted that till date no information has been provided to him by the respondent on his RTI application dated 11.03.2019. The appellant submitted that vague reply was given by the respondent on his RTI application.
6. The respondent submitted that they have informed the appellant that the information sought by him is not clear as cadre information has not been mentioned by him. Further, the information sought by the appellant is related to third party.
7. The Commission, after hearing the submissions of both the parties and after perusal of records, observes that the appellant has sought specific information which is related to him but the respondent has given vague and misleading reply to the appellant on his RTI application. The Commission takes a serious view of this lapse and issues warning to the CPIO/then CPIO for not disposing the RTI application of the appellant meticulously. The respondent is further directed to give complete information to the appellant as per his RTI application dated 11.03.2019, within a period of 30 days from the date of receipt of this order.
8. With the above observations, the appeal is disposed of.
9. Copy of the decision be provided free of cost to the parties.
Citation: Mr. Gangadhar V. Sallan v. Food Corporation of India in Second Appeal No. CIC/FCIND/A/2019/154648; Date of decision: 30-07-2021