CENTRAL INFORMATION COMMISSION
.....
F.No.CIC/AT/A/2008/00949
Dated, the 10th December, 2008
Appellant : Shri S.P. Goyal
Respondents : Customs (I&G) Department
This matter came up for hearing on 10.12.2008. Appellant was called and
was absent. Respondents were present through the AA, Shri Jitendra Kumar,
Joint Commissioner and the CPIO, Shri M.V.V. Suryanarayana, Assistant
Commissioner Customs. Commission’s notice to both parties were issued on
29.10.2008.
2. Appellant’s RTI-request dated 16.02.2008 contained the following
queries:-
“Please give evidence on your record that I did cross [sic] of Badri
Prasad on behalf [sic] all the noticees Mr.Rakesh Kumar Goyal and
Mr.Sanjeev Kumar Goyal as per para 7 of your above referred letter.”
3. CPIO provided him a reply on 14.03.2008, which was upheld in first-
appeal by the Appellate Authority, through his decision dated 01.05.2008.
4. In his second-appeal dated 07.07.2008, appellant has reiterated the points
he had made before the First Appellate Authority, which was that the information
provided to him was incorrect and misleading “as no cross-examination of
Dr.Badri Prasad given to Mr.Rakesh Goel… [sic]”.
5. The reply of the respondents, against which the appellant is agitating,
categorically stated “please find enclosed photocopy of the first page of personal
hearing held on 24.04.2007. It is evident that you cross-examined Dr.Badri
Prasad.
A copy of letter No.6999 dated 11.04.2007, granting cross examination of
Sh. Badri Prasad on 24.04.07 by only one representative on behalf of all the
noticees is also enclosed.”
6. While it is manifest that respondents have given a pointed and accurate
reply to the appellant, it is unclear from the appellant’s submission as to how this
reply was either inexact or misleading as claimed by him. A mere claim of an
information being misleading without backup evidence is unacceptable.
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7. Appeal is closed with these directions.
8. Copy of this decision be sent to the parties.
( A.N. TIWARI )
INFORMATION COMMISSIONER
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