CENTRAL INFORMATION COMMISSION
.....
F.No.CIC/AT/A/2008/00871
Dated, the 12th December, 2008
Appellant : Shri Manoj Kumar Verma
Respondents : Central Excise, Customs & Service Tax Department
This second-appeal came up for hearing on 10.12.2008 in response to
Commission’s hearing notice dated 29.10.2008. Appellant was absent when
called, while the respondents were represented by Shri Babu Lal Soni, Deputy
Commissioner and Shri Vikas Asthana, Inspector, Central Excise.
2. When the matter relating to the RTI-application of the appellant
dated 21.10.2007 came up earlier before the Commission in a complaint
(No.CIC/AT/C/2008/00018) under Section 18 of the RTI Act, Commission,
through its order dated 22.02.2008, advised the complainant / appellant to file his
first-appeal before the Appellate Authority, which he did. Appellate Authority
passed his orders on 04.04.2008, which is now under challenge in second appeal
before the Commission.
3. This appellant is presently facing prosecution sanctioned by the
Commissioner Central Excise, Lucknow. Appellant’s queries in his
RTI-application are centered round his criminal prosecution.
4. Even a brief look at the type of questions which the appellant has posed in
his RTI-application leaves no-doubt in the mind that what he is seeking is
respondents’ explanations and reasons for taking certain decisions, which
appellant doesn’t find palatable since those decisions apparently led to his
prosecution. He wants to know the evidence that was examined to authorize his
prosecution, documents that were considered, the precedents that were examined
and so on. There is absolutely no reason why such information, which
manifestly is beyond the scope of Section 2(f) of the RTI Act, be authorized to be
disclosed to the appellant. Respondents have nevertheless given to the appellant
some information corresponding to his queries. But given the type of queries
which the appellant has raised, he is not entitled to a response.
5. In view of the above, the appeal cannot be allowed. Rejected.
6. Copy of this decision be sent to the parties.
( A.N. TIWARI )
INFORMATION COMMISSIONER
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