Mr.Peyush Jain vs Cbec on 24 May, 2011

                         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/AT/A/2010/000754/SS

Name of Appellant             :       Shri Peeyush Jain

Name of Respondent            :       Office of Commissioner of Customs, Central Excise
                                      & Service Tax, Indore

Date of Hearing               :       10.05.2011

                                         ORDER

Shri Peeyush Jain, the appellant has filed this appeal dated 16.7.2010 before the
Commission against the Office of the Commissioner of Customs, Central Excise & Service
Tax, Indore, for not providing information to his RTI-request dated 23.4.2010, which came
up for hearing on 10.05.2011. The appellant was absent, whereas the respondents were
represented by Shri Vishwanath, Assistant Commissioner & CPIO.

2. The appellant filed RTI-request dated 23.4.2010 seeking information on Detail Note
sheets copies of Vigilance Branch (CIU) Central Excise Hqrs. Indore wherein the Prosecution
sanction case was dealt and the permission has been granted for prosecuting Manoj
Chandravanshi and Ashutosh Nath, Inspector of Central Excise by the Commissioner of Central
Excise Indore along with detail comments and copies of Sanction Order. The CPIO, Office of
Commissioner of Customs, Central Excise & Service Tax, Indore vide letter No. I/014/10-
11/RTI/8028 dated 18.5.2010 denied information to the appellant u/s 8(1) (h) of the RTI
Act.

3. Aggrieved by decision of CPIO, the appellant preferred first-appeal on 11.6.2010
before FAA. The FAA vide order No. CIC/IND-CESTAX/A/2010-11/04/23727 dated
6.7.2010 has upheld the decision of CPIO.

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Case No. CIC/AT/A/2010/000754/SS

4. During the hearing the respondents submitted that since the matter is pending trial
for prosecution under IPC and PCA before Special Judge, CBI Cases, the information was
denied to the appellant u/s 8(1) (h) of the RTI Act.

5. After hearing the respondents and on perusal of the relevant documents on file, the
Commission upholds the decision of respondents.

The matter is accordingly disposed of at Commission’s end.

(Sushma Singh)
Information Commissioner
24.05.2011

Authenticated true copy:

(K.K. Sharma)
OSD & Assistant Registrar

Address of the parties:

Shri Peeyush Jain,
90, Vallabh Nagar,
Indore-452003 (MP)

The CPIO,
Office of Commissioner of Customs, Central Excise & Service Tax,
Manik Bagh Place,
Indore-452001 (MP)

The Appellate Authority,
Office of Commissioner of Customs, Central Excise & Service Tax,
Manik Bagh Place,
Indore-452001 (MP)