CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No. CIC/LS/A/2010/000119
Appellant : Shri R. Muralidharan
Public Authority : Income Tax Department, Chennai
Date of Hearing : 26.4.2010
Date of Decision : 26.4.2010
FACTS
:
The matter is called for hearing today dated 8.4.2009, the
appellant had sought information on 02 paras, as extracted in para 01
of the AA’s order dated 8.7.2009. The CPIO had refused to disclose
any information u/s 8 (1) of the RTI Act. On appeal, the AA had
upheld the decision of CPIO. Para 13 of the order is extracted
below:-
“13. Primarily, I find that the appellant and the third party
have made some allegations against each other and the
appellant is trying to use the Income Tax Department as a tool
in those matters. The appellant expects the CPIO or the
Income Tax Department judge his innocence. The job of the
CPIO is only to provide the information which is in his domain
and for disclosing to the person who had requested for such
information provided the request confirms to the provisions of
the RTI Act, 2005. Therefore, I find these submissions of the
appellant are not relevant to his application or the appeal filed
before me.”
2. From the AA’s order, it also appears that matter is under
litigation in the court. In para 17 of the order, the AA has observed
that the appellant has not been able to establish any larger public
interest in the disclosure of the requested information. On these
grounds, the AA has affirmed the decision of CPIO as noted above.
DECISION
3. As the parties have not appeared before the Commission, there
is no additional material before the Commission than the one that was
available to AA. Hence, the Commission has no material on record to
take a view different from the one taken by the AA either on fact or
on law. I have no doubt that appellant is seeking ‘personal’
information which is disclosable only in terms of larger public
interest. It is for the appellant to establish such larger public interest
which, as noted above, he has failed to do. In this view of the matter,
the appeal must fail. Dismissed.
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
Address of parties :-
1. The Addl Commissioner
Income Tax Department,
Range-III, 121, Mahatma Gandhi Road,
Aaykar Bhawan, New Block,
6th Floor, Nugambakkam High Road,
Chennai-600034
2. Shri R. Muralidharan
C-1, IHFD Nagar,
65, Andhanur Main Road,
Madambakkam-603202