In the Central Information Commission
at
New Delhi
File No: CIC/AD/C/2011/000619
Date of Hearing : September 29, 2011
Date of Decision : September 29, 2011
Parties:
Applicant
Shri S.N.Srivstava
J422 Indralok Colony
Kanpur Road
Lucknow
Uttar Pradesh
The Applicant was present at NIC Studio, Lucknow
Respondents
North Eastern Railway
Divisional Railway Manager's Office
Lucknow Division
Lucknow
Represented by : Shri R.P.Singh, PIO & Sr.EDPM
Shri Shivshankar, ADFM
NIC Studio, Lucknow
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/C/2011/000619
ORDER
Background
1. The Applicant filed an RTI Application dt.17.8.10 with the PIO, DRM Office, North Eastern Railway,
Lucknow seeking information about the no. of employees from whose salary income tax has been
deducted for the year 20092010, the total amount deducted and the Head under which it was
deposited etc. He also sought information about the amount deposited under TDS and the date of
deposit by cheque/DD including the Branch & the bank name. The PIO replied on 20.9.10 denying
the information u/s 8(1)(j) of the RTI Act. Being aggrieved with the reply, the Applicant filed a
complaint dt.19.2.11 before CIC reiterating his request for the information.
Decision
2. The Commission on perusal of the submissions on record and after hearing both sides holds that the
information sought is indeed disclosable, after observing that the Appellant is not seeking
information about individuals nor even about monthly deductions/deposits but about the total amount
at the end of the year. The PIO is therefore directed to provide information about total number of
employees and about total amount of TDS deposited in the month of January etc. Information may
be provided by 29.10.11.
3. As far as the Complainant’s complaint about nonsupply of information by the PIO within the
stipulated time period is concerned, it was noted that the PIO had replied on 20.9.10 and that
information was denied u/s 8(1)(j) since he felt that information sought relates to tax details of
individual employees and hence is exempt from disclosure. The Commission therefore holds that
there does not seem to be any deliberate attempt to deny the information and accordingly sets aside
the Complainant’s complaint.
4. The complaint is disposed of with the above directions.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri S.N.Srivstava
J422 Indralok Colony
Kanpur Road
Lucknow
Uttar Pradesh
2. The Public Information Officer
North Eastern Railway
Divisional Railway Manager’s Office
Lucknow Division
Lucknow
3. Officer in charge, NIC
Note: In case, the Commission’s above directives have not been complied with by the Respondents, the
Appellant/Complainant may file a formal complaint with the Commission under Section 18(1) of the RTIAct, giving
(1) copy of RTIapplication, (2) copy of the Commission’s decision, and (3) any other documents which he/she
considers to be necessary for deciding the complaint. In the prayer, the Appellant/Complainant may indicate, what
information has not been provided.