Central Information Commission
Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan,
Bhikaji Cama Place, New Delhi110066
Web: www.cic.gov.in Tel No: 26167931
Case No. CIC/SS/A/2011/000566
Name of Appeal : Shri Deepak Aggarwal
Name of Respondent : Office of the Commissioner of
Central Excise, Thane-II, Mumbai
Date of Hearing : 18.07.2011
ORDER
Shri Deepak Aggarwal, the appellant has filed this appeal dated 11.2.2011 before
the Commission against the Office of the Commissioner of Central Excise, Thane-II,
Mumbai for not providing information to his RTI-request dated 29.10.2010 on Point No. 1
and 42, which came up for hearing on 18.7.2011 through videoconferencing. The
appellant was present in person, whereas the respondents were represented by Shri
Ashok Kumar, Additional Commissioner & FAA, Shri S.S. Ahmed, CPIO at NIC
videoconferencing facility at Mumbai.
2. The appellant filed RTI-request dated 29.10.2010, seeking information on forty two
RTI-queries in connection with show-cause notices issued for evasion of Central Excise
Duty to M/s. S.D. Enterprises and the appellant is the Managing Partner of the firm The
CPIO vide letter No V/Tech/RTI/77/2010/Th-II/6280(A) dated 8.12.2010 has provided
point-wise reply to the appellant.
3. Aggrieved by the reply of CPIO, the appellant filed first-appeal 24.12.2010 before
FAA contesting on Point No. 1, 2 and 42. The FAA vide order No.V/Tech/RTI-
Appeal/98/2010/Th-II/702 dated 25.1.2011 has decided appellant’s first-appeal with the
observation that the appellant alleged to have evaded crores of central excise duty in his
partnership firm M/s SD Enterprises and for this evasion he has been issued several show
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cause notices which are still pending adjudication with the authorities, because he being of
litigant nature has stalled the process of adjudication by filing court cases and finally
Supreme Court of India has ordered to adjudicate the cases in time-bound manner now.
The appellant is seeking information in respect to the sub-judice issues which are yet to be
decided by the proper authority. The FAA upheld the reply of CPIO on Point No. 1 and
hold that Point No. 42 pertained to the information relating to third party.
4. During the hearing the respondent on Point No. 1 submitted that relied upon the
statements of job workers have been incorporated in the show-cause notice dated
31.1.2005. The copy thereof along with all the relied upon documents mentioned at S. No.
26 to 41 of Annexure to Show Cause Notice dated 31.1.205 have been sent through
speed post dated 2.2.2005 to the appellant. On Point No. 42 the respondent submitted
that inward register maintained by the office has entries of the correspondence/dak
received by this office. There is no entry in the Inward Register for the returned dak i.e.
Return Summons already sent by this office received back with the remark of Postal
Authorities are kept in the respective case files for records. Therefore the office is unable
to provide the copy of the inward register in which returned back summons are entered.
5. The appellant has submitted in his second-appeal that FAA in his order has made
arbitrary order without providing any reasons in respect of Point No. 1 and 42 of his RTI-
request.
6. After hearing the parties and on perusal of the relevant documents on file, the
CPIO is directed to provide specific reply on Point No. 42 to the appellant to his RTI-
request dated 29.10.2010, within two weeks of the receipt of this order. The reply
provided in Point No. 1 by respondent is upheld.
The matter is disposed of with the above direction.
(Sushma Singh)
Information Commissioner
21.07.2011
Authenticated true copy:
(K.K. Sharma)
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OSD & Deputy Registrar
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Address of the parties:
Shri Deepak Aggarwal,
459/A-2, Shah & Nahar Industrial Estate,
Dhanraj Mills Compound,
Lower Parel (West),
Mumbai-400013.
The CPIO,
Office of the Commissioner of Central Excise: Thane-II,
Navprabhat Chambers, Ranade Road, Dadar,
Mumbai-400028.
The First Appellate Authority,
Office of the Commissioner of Central Excise: Thane-II,
Navprabhat Chambers, Ranade Road, Dadar,
Mumbai-400028.