Central Information CommissionKhwab Nayak vs Food Corporation Of India on 4 January, 2024Author:Heeralal SamariyaBench:Heeralal Samariyaके न्द्रीयसूचनाआयोग\n                           Central Information Commission\n                                 बाबागंगनाथमार्ग, मुनिरका\n                           Baba Gangnath Marg, Munirka\n                             नईदिल्ली, New Delhi - 110067\n\nद्वितीय अपील संख्या / Second Appeal No. CIC/FCIND/A/2022/609271\n\nShri Khwab Nayak                                                   ... अपीलकर्ता/Appellant\n                                     VERSUS/बनाम\n\nPIO, Food Corporation of India                                 ...प्रतिवादीगण /Respondent\n\nDate of Hearing                            :   04.01.2024\nDate of Decision                           :   04.01.2024\nChief Information Commissioner             :   Shri Heeralal Samariya\n\nRelevant facts emerging from appeal:\n RTI application filed on           :           27.12.2021\n PIO replied on                     :           13.01.2022\n First Appeal filed on              :           18.01.2022\n First Appellate Order on           :           10.02.2022\n 2 Appeal/complaint received on\n  nd\n                                    :           14.02.2022\n\n Information soughtand background of the case:The Appellant filed an RTI application dated 27.12.2021 seeking information on\n the following points:-"1. Provide copy of circular for granting study leave to FCI employee.2. Who is competent authority to grant study leave to FCI employee.3. Which courses are considered for granting study leave to FCI employee?4. What is the maximum period for which study leave can be granted to FCI\n    employee."The CPIO vide letter dated 13.01.2022 replied as under:-1, 3 and 4. In this regard, it is informed that as per Regulation 50 10 56 of FCI\n    (Staff) Rule, 1971, FCI follows CCS (Leave) Rules, 1972, as amended from time to\n    time. The information can be accessed through link below given\n    www.fci.gov.in/personnel.php?view=5252. In this regard, it is inform that EP Section circulated vide circular No. 02 of 2005\n    dated 19.01.2005, which is available in the weblink given below:https://fci.gov.in/app2/webroot/upload/circulars/EP -2005-02 eng.pdf\n    and https://dopt.gov.in/sites/default/files/ccs_leave_rule s_0.pdf\n    Also refer Circular no. EP-08-2011-20 dated 14.09.2011 (Copy enclosed).Page 1 of 3Dissatisfied with the response received from the CPIO, the Appellant filed a First\nAppeal dated 18.01.2022. The FAA vide order dated 10.02.2022 held as under:-"On going through the RTI application mentioned above, it has been observed\n   that the CPIO (EP) vide letter dated 13.01.2022 has furnished all the information\n   available under his control to the appellant within time limit. However it is again\n   informed that FCI follows CCS (Leave) Rules, 1972, as amended from time to time\n   and study leave is strictly regulated as per Rule 50-56 of CCS (Leave) Rules,\n   1972. Rule 50 of CCS (Leave) Rules, 1972 specifies the conditions and courses for\n   which study leave can be granted.Further, it is also informed that as per Government of India office memorandum\n   no 1/4/2009- IR dated 05.10.2009 pertaining toRight to Information Act, 2005published by Ministry of Personnel, Public Grievances & Pensions, Department of\n   Personnel & Training "The Public Information Officer is not supposed to create\n   information; or to interpret information; or to solve the problems raised by the\n   applicants; or to furnish replies to hypothetical questions."With the above observations, the above mentioned appeal of the appellant stands\n   disposed of."Aggrieved and dissatisfied, the Appellant approached the Commission with the\ninstant Second Appeal.Facts emerging in Course of Hearing:A written submission has been received               from    the   CPIO   reiterating    the\naforementioned reply sent to the Appellant.Hearing was scheduled after giving prior notice to both the parties.Appellant: Not present\n\nRespondent: Shri Subhash Chander - DGM was present during the hearing.\nThe Respondent present for hearing submitted that information available on record\nhad been duly furnished to the Appellant. The Appellant is not present to buttress\nthe case.Decision:Upon perusal of the records of the case at hand, it is noted that since the\ninformation sought by the Appellant is available in public domain, the Respondent\nhad appropriately replied citing the relevant rules. Thus, information available on\nrecord with the public authority as defined underSection 2(f)of the RTI Act had\nbeen duly provided to the Appellant. The Appellant has not attended the hearing to\ncontest the case.In the given circumstances, the Commission finds no requirement for intervention\nin this case under theRTI Act. The appeal is disposed off accordingly.Heeralal Samariya (हीरालालसामरिया)Page 2 of 3Chief Information Commissioner (मुख्य सूचना आयुक्त)\n\nAuthenticated true copy\n(अभिप्रमाणित सत्यापित प्रति)\n\nS. K. Chitkara (एस. के . चिटकारा)\nDy. Registrar (उप-पंजीयक)\n011-26186535Page 3 of 3