Central Information Commission
Room No.296, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama Place, New
Delhi110066
Telefax:01126180532 & 01126107254 websitecic.gov.in
Appeal : No. CIC/LS/A/2010/000864
Appellant /Complainant : Shri Harbans Singh, Kapurthala
Public Authority : Office of the Chief Commissioner of
Income Tax, Jalandhar/Ludhiana
(Sh. Udesh Dohia, CPIO and Smt.
Prgna
Paraminda, AA - through video
conferencing)
Date of Hearing : 2/12/2010
Date of Decision : 2/12/2010
Facts
:
1. The applicant preferred RTI application dated 1 November 2009
before Chief Commissioner of Income Tax, northwest region, Chandigarh
seeking information regarding action taken on his letters of 18 December
2007 and 31 March 2009 and other related information through 12 points –
enclosed herewith as Annexure A.
2. The CC I T, Chandigarh forwarded the same to the CC I T,
Ludhiana under section 6 (3) of the Act who further transferred the RTI
application to the Commissioner of Income Tax – II, Jalandhar on the
grounds that they were the holders of information.
3. Vide order dated 14 December 2009 the Commissioner of Income
Tax provided point wise information to the appellant against which
appellant preferred appeal dated 9 February 2010 before first appellate
authority – CC IT, Ludhiana.
4. The CCIT, Ludhiana vide his order of 25 February 2010 informed
the appellant that the CIT is the appellate authority for any order passed by
the officer under his administrate control as per instructions dated 7
September 2007 passed by the office of the Chief Commissioner of
Income Tax, Ludhiana and that any appeal on the appellate order passed
by the Commissioner of Income Tax straightaway lies to Central
Information Commission and the CCIT does not act as an appellate
authority on such order.
5. Consequently, appellant preferred second appeal before the
Commission. The matter was heard today through videoconferencing.
Both parties were present as above and made submissions.
6. Appellant stated that the information provided to him by the CIT was
vague and incomplete.
7. Commission notes the averments of the appellant that the CPIO,
Jalandhar – II has in fact not responded to his RTI application and that it is
the first appellate authority namely, the Commissioner Of Income Tax,
Jalandhar – II who has provided information which is not as per the
provisions of the RTI Act, 2005.
Decision
8. At the outset Commission take serious note of the fact that the first
appellate authority and not CPIO has provided information in response to
the RTI application. This is not in conformity with the provisions of section
7 (1) of the Act. First appellate authority is warned to educate himself on
the provisions of the Act and to implement the same without any dilution.
9. While accepting the averments and arguments of the respondent
furnished in a written submission that personal information of a citizen is to
be protected, Commission reminds the respondent that ” mere existence
of an investigation process cannot be a ground for refusal of the
information; the authority withholding information must show satisfactory
reasons as to why the release of such information would hamper the
investigation process.” (WP (C) no. 3114/2007 in the case of Bharat Singh
versus CIC and others – S Ravindra Bhat J 3 December 2007).
Respondent has not provided any reasons while denying information
regarding status of the ongoing enquiry and the conclusions there of.
10. Accordingly it is directed that CPIO will provide information to the
appellant as follows:
Points 1 and 2: provide status of the ongoing enquiry and broad
conclusions arrived at.
Points 3, 8 and 9: no information has been sought by the appellant
Points 4, 5, 6, 7 – Information to be provided to Appellant as it
concerns and has bearing on the revenues of the State.
11. In providing information as sought under Points 1 and 2 of the RTI
application, CPIO will do so as per the provisions of section 10 the RTI Act
wherever required.
12. Information to be provided within three weeks of receipt of the
order.
(Smt. Deepak Sandhu)
Information Commissioner (DS)
Authenticated true copy:
(T. K. Mohapatra)
Under Secretary & Dy. Registrar
Tel No. 01126105027
Copy to:
1. Shri Harbans Singh
S/o Sh. S.Amar Singh,
VPO Mansoorwal Dona
Tehsil & Distt Kapurthala
2. The CPIO
O/o the Commissioner of Income Tax
Jalandhar11,
Jalandhar
3. The Appellate Authority
O/o the Chief Commissioner of Income Tax,
Aayakar Bhawan,
Rishi Nagar, Ludbhiana.
