CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No. CIC/AT/A/2008/00580/LS
(Heard at Puducherry)
Appellant : Sri Aurobindo Ashram Trust
Public Authority : CIT, Pondicherry
(through Shri D.Dasgupta and Shri A.V.Thire,
ACIT, O/o CCIT, Chennai)
Date of Hearing : 6.7.2009
Date of Decision : 6.7.2009
Facts
Shri P.P.Raghavachari had sought the following information from CPIO vide
his letter dt.10.7.07:
‘Audited statement of receipts and payments, income and expenditure and
balance sheet of Shri Aurobindo Ashram Trust, Pondicherry for the years 1999-
2000 to 2006-2007’.
2. Vide order dt.6.8.07, Shri D.Dasgupta, CIT, Pondicherry, had ordered
disclosure of the aforesaid information.
3. Aggrieved with this the appellant Trust had filed first appeal before CCIT VI,
Chennai, on 5.9.07. However, as the AA did not decide the first appeal within a
period of 45 days as required u/s19(6) of the RTI Act, the appellant Trust filed a
second appeal before CIC on 15.12.07. These two appeals happened to pend
before two different authorities at a particular point of time. The AA gave a
hearing to the Trust and decided the first appeal vide order dt.18.1.08 wherein the
AA held as follows:
“The submissions of the appellant (the third party) were being considered
and order was being passed sometime in October, 2007. In the meanwhile, the
appellant has filed an appeal before the Hon’ble CIC against the order of the CPIO.
Hence this appeal before me has become infructuous and the same is dismissed
accordingly”.
From the above, it can be seen that AA had dismissed the first appeal only
on the ground that Appellant Trust had filed a second appeal before the
Commission.
4. The matter was heard on 6.7.2009. The appellant Trust is represented by
Advocate C.A.Diwakar. The public authority is represented by the officers named
above. The parties are heard
DECISION
3. The mere filing of the second appeal before the Commission before the first
appeal has been decided by the First Appellate Authority, is no bar for the First
Appellate Authority to decide the appeal on merits. Hence, in the facts and
circumstances of the case, it would be fit and proper to remand the case back to
Shri G.C.Jain, CIT, VI, Chennai (presently First Appellate Authority) to hear the
parties and decide the appeal in six weeks time from the receipt of this order.
4. However, the appellant Trust would be at liberty to move the Commission
again if it is aggrieved with the order of the AA.
(M.L. Sharma)
Central Information Commissioner
Authenticated true copy. Additional copies of orders shall be supplied against application and
payment of the charges prescribed under the Act, to the CPIO of this Commission.
(K.L.Das)
Assistant Registrar
Tele:011-2671 7353/Fax 011 2610 6276
Copy to :
1. M/s.Sri Aurobindo Ashram Trust 2. The PIO
No.12, Rue De La Marine Commissioner of Income Tax
Puducherry 605 002 D.P.Thottam
M.G.Road
Puducherry 605 003
3. The Appellate Authority
Chief Commissioner of
Income Tax
Chennai VI
3rd Floor, aaykar Bhawan
121 Nungambakkam High Road
Chennai 600 034