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/AT/A/2010/900300/SS
Name of Complainant : Shri Shiv Pratap Singh
Name of Respondent : Ministry of Finance, Department of Revenue
Date of Hearing : 10.5.2011
ORDER
Shri Shiv Pratap Singh, the appellant has filed this appeal dated 2.4.2010 before
the Commission against the Ministry of Finance, Department of Revenue, CBEC, New
Delhi for providing incorrect information on Point No. 5 to his RTI-request dated 26.9.2008,
which came up for hearing on 10.5.2011. The appellant was heard through audio-
conferencing, whereas the respondents were represented by Shri Akhtarul Hanif, Under
Secretary & CPIO and Shri George, Assistant.
2. This case was earlier heard by the Commission on 22.9.2009 (Case No.
CIC/AT/A/2009/900627) and the Commission vide its order dated 23.11.2009 remitted the
matter to FAA, Ad. V, CBEC with the direction to examine the appellant’s contention with
regard to Point No. 5 of RTI-application and pass a speaking order within four weeks. In
compliance with the Commission’s direction, the FAA vide order No. C-11015/72/2008-
Ad.V/6229 dated 24.12.2009 has rejected appellant’s first-appeal with the following
observation:
“The CPIO has furnished the information as related to the appellant. What the appellant
is referring to in his appeal is with reference to other 2 officers whose names appear in
the advice of the CVC and the file notings provided to the appellant. Admittedly, there is
a separate case file in respect of the other two officers but that information has neither
been asked for by the appellant nor can be furnished to him without giving the third party
an opportunity of hearing. The CPIO categorically confirms that file No. 14011/2/2008-
Ad.V is the only case pertaining to the case of the appellant, and this fact is borne out of
the records available with the public authority. In view of above, the appeal of the
appellant is hereby rejected.”
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3. During the appellant submitted that in his second-appeal in para no. 7.6 has
agitated on the contention of CPIO and FAA that the “file No. C.14011/02/2008 was the
only file in record concerned with this case by saying that –” It is incorrect since the notings in the very beginning of the file provided mention at Para
2 on page 1 that the Finance Minister has instructed for issue of charge memo by
15.1.08 and the CVC advice in respect of 2 out of 6 officials was taken up for
reconsideration with CVC. This clearly indicates existence of another file concerned with
this case in which the CVC advice in respect of 6 officials was put up to the Finance
Minister earlier and a decision was taken to proceed with 4 officials while referring the
matter to CVC for reconsideration in respect of the remaining 2 officials and that the file
No. C.14011/02/2008 was created subsequent to partial acceptance of the CVC advice
by the Disciplinary Authority for the purpose of approval of draft charge Memo.”
4. The CPIO submitted that first-stage advice of CVC is obtained with the approval of
competent authority by Directorate General of Vigilance Customs & Central Excise and
then it is forwarded to CBEC Ad. V, for issue of charge-sheet with the approval of
Disciplinary Authority, to the officials against whom the disciplinary proceedings to be
initiated.
5. After hearing the parties and on perusal of the relevant documents on file, the FAA,
CBEC, Ad. V, Ministry of Finance, Department of Revenue, CBEC is hereby directed to
allow the appellant inspection of documents/file/records relating to his case on mutually
convenient date and time, within two weeks of the receipt of this order. Here it is clarified
that information of ‘third party’ may be severed by applying Section 10 of the RTI Act, and
information, in so far as it relates to the appellant, is provided to him.
The matter is disposed of with the above directions.
(Sushma Singh)
Information Commissioner
11.05.2011
Authenticated true copy:
(K.K. Sharma)
OSD & Assistant Registrar
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Case No. CIC/AT/A/2010/900300/SS
Address of the parties:
Shri Shiv Pratap Singh,
B11, Type-V, Ekta Vihar, Sector 25,
CBD Belapur,
Navi Mumbai-400614
The Under Secretary (Ad. V) & CPIO,
Ministry of Finance, Department of Revenue,
CBEC, Hudco Vishala Building, Bhikaji Cama Place,
New Delhi-110066
The Appellate Authority,
Ministry of Finance, Department of Revenue,
CBEC, Hudco Vishala Building, Bhikaji Cama Place,
New Delhi-110066