Central Information Commission Judgements

Shri Kaushal Kumar Garg vs Income Tax Department on 19 June, 2009

Central Information Commission
Shri Kaushal Kumar Garg vs Income Tax Department on 19 June, 2009
168 KaushalKishorGargVsITOGwalior 19 06 6              1


                        CENTRAL INFORMATION COMMISSION
                 Room No.308, B wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
                          Complaint No. CIC/LS/C/2009/000168

Complainant:                                               Shri Kaushal Kumar Garg
Public Authority:                                          Income Tax Department
                                                           (through Shri B. K. Jain, Sr. Tax
                                                           Assistant)

Date of Hearing:                                           19/06/2009
Date of Decision:                                          19/06/2009
FACTS

:-

Vide RTI application dated 01/07/2008, the complainant has requested for
information in the format devised by him in regard to Range-I, Range-II and Range-
III of Gwalior consisting of Districts of Gwalior, Chhattarpur, Gune, and Shivpuri etc.
The information requested for by him relates to the re-opening of cases u/s 147, 148
of IT Act for the years 2004-05 and 2005-06 and the matters related therewith.

2. The matter was heard on 19/06/2009. The complainant did not appear before
the Commission but sent a written representation which is taken on record. The
public authority is represented by the officer named above. It is the submission of
Shri Jain that information relating to District Chhattarpur has already been sent to the
complainant vide their letter dated 29/12/2008.

3. I am constrained to observe that this issue has repeatedly been raised by the
complainant Shri Garg in three earlier cases, viz., –

(i) F.No. CIC/S/A/2009/00085 decided on 12/02/2009;

(ii) F.No. CIC/LS/A/2009/00142 decided on 18/03/2009; and

(iii) F.No. CIC/LS/A/2009/00226 decided on 06/05/2009.

More or less the same issue has been raised in the present RTI application which is
not approved of. Further, it is noticed that in his written representation, Shri Garg
has submitted that the orders passed by this Commission have not been complied with
by the concerned officers of the Income Tax Department. This is viewed seriously.
The Registry is hereby directed to seek explanation of the CPIOs concerned.

DECISION

4. In view of the above discussion, the present complaint is ordered to be closed.
Let notices be issued to the CPIOs in the above cited three cases to Show Cause why
action u/s 20(1) of the RTI Act should not be taken against them for not complying
with the decisions of the Commission.

Sd/-

(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