Central Information Commission
Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan,
Bhikaji Cama Place, New Delhi110066
Web: www.cic.gov.in Tel No: 26167931
Case No. CIC/SS/A/2011/000521
Name of Appellant : Shri P.R. Mehta
Name of Respondent : Office of Commissioner of Customs
Date of Hearing : 27.06.2011
ORDER
Shri P.R. Mehta, the appellant has filed this appeal dated 3.1.2011 before the
Commission against the Office of the Commissioner of Customs, ICD, Tughlakabad, New
Delhi for not providing information to his RTI-request dated 17.9.2010, which came up for
hearing on 27.06.2011. The appellant was present in person, whereas the respondents
were represented by Shri G.S. Karki, Additional Director, Shri P. Mohan Rao, Deputy
Director, Directorate General of Systems, Customs & Central Excise, Shri Ashok Kumar
Pandey, Deputy Commissioner and Shri M.N. Singh, Superintendent.
2. The appellant filed RTI-request dated 17.9.2010 seeking information on seven RTI-
queries – (a) Details of electrical motors viz. Three Phase Induction motors from 0.75KW to 110
KW of 4 pole and 6 pole with their input and output imported and cleared by Custom Authorities
during the period 1.1.2009 to 31.8.2010 through ICD Tughlakabad; (b) Specification/details of the
un-branded motors items Y/Y2/KY/KY2 & KYY Series imported under Chapter 85 along with
price list; (c) Size of the containers used to import the motors; (d) Lump sum weight of each
container; (e) Name of the Assessors, who assessed the electrical motors; (f) Whether these
items were cleared provisionally or finally; and (g) If provisionally released, details of loading may
be made available and copies of Bill of entries may also be provided . The CPIO, ICD
Tughlakabad vide letter No. VIII/ICD/TKD/RTI/410/2010/39238 dated 13.10.2010 has
provided information for the period 1.1.2009 to 16.3.2010 and informed the appellant that
now new V 1.5 system is managed and controlled by the Directorate of Systems & Data
Management and the office has no access to the new system to retrieve any
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Case No. CIC/SS/A/2011/000521
information. The CPIO, Directorate General of Systems vide letter No. IV(26)/14/2010-
Systems/1713 dated 9.11.2010 has replied to the appellant stating that as per the Process
Document, duly approved by CBEC and circulated vide letter dated 26.4.2010 to all Chief
Commissioners of Customs and Commissioners of Customs, the Directorate General of
Systems is not involved in preparation of ad-hoc/MIS reports of the ICDs, ACCs and
Seaports. The CPIO advised the appellant to approach System Manager of the location
i.e. ICD, TKD, New Delhi, who will get the desired information through MIS reports or
through scripts prepared by local or regional NIC team and run subsequently by System
Integrator (TCS). The output data will be forwarded by System Integrator to the System
Managers through password-protected files.
3. Aggrieved by the reply of CPIO, the appellant preferred first-appeal before FAA,
Directorate of Systems on 27.11.2010. The FAA vide order No. IV (26)/23/2010-Sys/1839
dated 20.12.2010 has upheld the decision of CPIO and advised the appellant to approach
the FAA, ICD Tughlakabad, if the CPIO of that particular port was not providing the
information or otherwise.
4. During the hearing the CPIO, ICD, Tughlakabad submitted part of the information,
as available was provided to the appellant vide letter dated 13.10.2010, the consolidated
report generated from EDI system Version 1.5 was further provided to the appellant for
the entire period of Jan 2007to September 2010. The remaining information shall be
provided as soon as made available to the CPIO with respect to physical records being
called for from Record Section, after the third party objection procedure. The CPIO agreed
to provide information relating to about 30 to 40 Bills of Entries relating to electric motors
after following the procedure of Section 11 of the RTI Act.
5. After hearing the parties and on perusal of the relevant documents on file, the
CPIO, Office of Commissioner of Customs, ICD, Tughlakabad, New Delhi is directed to
provide information of about 40 Bills of Entries relating to electric motors, after following
the procedure of Section 11 of the RTI Act, within two months of the receipt of this order.
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Case No. CIC/SS/A/2011/000521
The matter is accordingly disposed of with the above direction.
(Sushma Singh)
Information Commissioner
05.07.2011
Authenticated true copy:
(K.K. Sharma)
OSD & Deputy Registrar
Address of the parties:
Shri P.R. Mehta,
114-C, MIG Flats (Red),
Rajouri Garden,
New Delhi-110027.
The CPIO,
Office of the Commissioner of Customs,
ICD, Tughlakabad,
New Delhi.
The FAA,
Office of the Commissioner of Customs,
ICD, Tughlakabad,
New Delhi.
Copy for information to:
The CPIO,
Directorate General of Systems Customs & Central Excise,
C.R. Building, I.P. Estate,
New Delhi-110109.
The First Appellate Authority,
Directorate General of Systems Customs & Central Excise,
C.R. Building, I.P. Estate,
New Delhi-110109.