Central Information Commission Judgements

Shri B.D. Gupta vs Commissioner Of Excise, … on 10 February, 2009

Central Information Commission
Shri B.D. Gupta vs Commissioner Of Excise, … on 10 February, 2009
                CENTRAL INFORMATION COMMISSION
                              .....

F.No.CIC/AT/A/2008/01294
Dated, the 10th February, 2009.

Appellant : Shri B.D. Gupta

Respondents : Commissioner of Excise, Entertainment & Luxury Tax,
Government of NCT of Delhi.

This matter came up for hearing on 10.02.2009 in response to
Commission’s notice dated 12.01.2009. Appellant was absent whereas the
respondents were represented by the CPIO, Shri Sanjeev Ahuja, Deputy
Commissioner (Excise).

2. It is seen from the appellant’s second-appeal petition that he is dissatisfied
with the replies furnished by the CPIO, through his communication dated
18.08.2008 and the decision of the Appellate Authority, in his order dated
05.09.2008, relating to appellant’s RTI-application dated 23.07.2008.

3. Respondents had declined to disclose to the appellant information
pertaining to his queries at Sl.No.3 (which was about reasons for premature
transfer of the applicant) and Sl.No.4 (which was about reasons for posting of
certain officers on more than one occasion in the Department of Excise).
The officers belong to the DANICS.

4. I find no infirmity in the replies given to the appellant by the respondents.
He is not entitled to receive reasons or explanations of the respondents about
their actions in the capacity of a public authority. This variety of query goes
beyond the scope of Section 2(f) of the RTI Act.

5. Appeal lacks merit. Disallowed.

6. Copy of this decision be sent to the parties.

( A.N. TIWARI )
INFORMATION COMMISSIONER

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