CENTRAL INFORMATION COMMISSION
.....
F.No.CIC/AT/A/2009/000578
Dated, the 18th August, 2009.
Appellant : Shri Santosh Kumar Patel
Respondents : Customs & Central Excise Department
Matter was heard through videoconferencing on 10.08.2009.
Appellant and respondents were present at NIC VC facility at Indore.
Commission conducted the hearing from its New Delhi office.
2. Appellant’s RTI-application dated 23.03.2009 was transferred by
CPIO, Indore to CPIO, Nagpur on 20.05.2009 with an endorsement that
as the Commissioner of Central Excise, Nagpur was the Cadre
Controlling Authority for the ministerial cadres, the petition of the
appellant was to be appropriately acted upon by the CPIO, Nagpur.
On 01.06.2009, CPIO, Nagpur returned the RTI-application back to the
CPIO, Indore stating therein that the requested information was held by
the Commissionerate at Indore and, therefore, “there was no need to
transfer the application to Nagpur Commissionerate”.
3. Meanwhile, on 05.05.2009 appellant filed his first-appeal before
the Appellate Authority, Deputy Commissioner of Central Excise, Indore,
who passed an order on 02.06.2009, in which he held that the CPIO,
Indore by referring the RTI-application to the Central Excise
Commissionerate, Nagpur had disposed of the petition and hence there
was no cause of action extant with the CPIO, Indore. Appellate
Authority, however, warned the CPIO, Indore to be alert about
discharging his duties under the RTI Act.
4. It is seen that the matter has been tossing back and forth
between the CPIO, Indore and CPIO, Nagpur with no result whatsoever.
As the appellant never appeared before the Appellate Authority despite
a notice having been issued to him, the AA was not in the know of all
the relevant facts, on the basis of which he could direct the right
course of action to be taken by the CPIO.
5. During the hearing at the Commission, it came to light that the
information, which appellant has been requesting, i.e. the Service
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Roster pertaining to Group ‘C’ and Group ‘D’ employees, was not held
at Nagpur but at the Central Excise Commissionerate, Indore.
6. It is, therefore, directed that within two weeks of the receipt of
this order, CPIO, Indore will provide to the appellant the information
relating to appellant’s RTI-application dated 23.03.2009 in its entirety
along with supporting documents. No fee shall be charged to the
appellant for this disclosure as the matter has been subjected to gross
delay.
Complaint:
7. Appellant has also filed a complaint under Section 18 of the RTI
Act against Shri K.P. Dube, CPIO & Assistant Commissioner of Central
Excise, Indore for delays and non-transmission of information as well as
for delays and wrong transmission of appellant’s RTI-application under
Section 6(3) to the CPIO, Nagpur.
8. Notices for penalty be issued to Shri K.P. Dube, CPIO, Indore.
Returnable in 2 weeks.
9. Appeal disposed of with these directions. Complaint proceedings
will be separately pursued.
10. Copy of this direction be sent to the parties.
( A.N. TIWARI )
INFORMATION COMMISSIONER
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