CENTRAL INFORMATION COMMISSION
Room No.307, II Floor, B Wing, August Kranti Bhawan,
Bhikaji Cama Place, New Delhi-110066.
Telefax : 011-26180532 Website : cic.gov.in
Date : 19.08.2011
Appeal No. : CIC/DS/A/2011/000364
Complainant : Shri S.P. Goyal, Mumbai
Public Authority : I.T.O., Mumbai
ORDER
The Commission has received an appeal/complaint petition, dated
13.08.2009(Diary No:48143) from Shri S.P. Goyal, New Marine Lines,
Mumbai in respect of his/her RTI-application dated 07.07.2009 filed with the
CPIO, /ITO 12(2)(1), Ayakar Bhavan, M.K. Road, Mumbai.
2. On Perusal of the papers submitted by the appellant, it is observed that appellant’s
RTI-request was replied to by the CPIO, ITO 12(2)(1), Mumbai vide letter dated
13.07.2009.
3. The Appellant preferred his/her first-appeal on 13.08.2009 before the First
Appellate Authority/Addl. Commissioner of Income Tax, Range 12(2),
Mumbai, which has not been decided by the FAA (Copy of First Appeal is
enclosed).
4. In order to avoid multiple proceedings under section 19 and 18 of the RTI Act,
viz. appeals and complaints, the matter is remanded back to the First Appellate
Authority, with the following directions:
i. In case, the first appeal dated 17.08.2009 has not been disposed of by
FAA, he should dispose of the first appeal by passing a speaking order in
the matter, within 2 weeks of receipt of this order.
ii. In case, FAA has already disposed of the first-appeal, he should furnish a
copy of his order to the Appellant within one (1) week of receipt of this
order.
iii. A copy of First Appellate Authority order will be endorsed to the
Commission clearly indicating the case number and reason for delay, if
any, in providing information.
5. In case, the Appellant still feels aggrieved by the decision of FAA, he/she shall be
free to approach the Commission in second appeal under section 19(3), along with
complaint under section18, if any, within the prescribed time limit.
(Smt. Deepak Sandhu)
Information Commissioner (DS)
Authenticated true copy:
(T. K. Mohapatra)
U.S. & Dy. Registrar
Copy to :-
1. Shri S.P. Goyal,
103 A Krishna Chambers,
59,New Marine Lines,
Mumbai -400020
2. CPIO(Under RTI Act)
Income Tax Officer 12(2)(1),
Room No. 137, First Floor
Ayakar Bhavan, M.K. Road,
Mumbai-20
3. Appellate Authority(under RTI Act)
Addl. Commissioner of Income Tax, Range 12(2),
Room No. 120, First Floor
Ayakar Bhavan, M.K. Road,
Mumbai-20