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/2011/000793
Name of Appellant : Shri S.P. Goyal
Name of Respondent : Office of Commissioner of Customs,
ICD Tughlakabad, New Delhi.
Date of Hearing : 08.08.2011
ORDER
Shri S.P. Goyal, the appellant has filed this appeal dated 27.4.2009 before the
Commission against Office of Commissioner of Customs, ICD Tughlakabad, New Delhi for
not providing information to his RTI-request dated 22.10.2007, which came up for hearing
on 08.08.2011. The appellant was absent, whereas the respondents were represented by
Shri S.K. Mishra, Deputy Commissioner and Shri S.K. Singh, Superintendent.
2. The appellant filed RTI-request dated 22.10.2007, seeking information on ten RTI-
queries pertaining of bills of entry pertaining to Sanjeev Woollen Mills and Monika India.
The CPIO vide letter No. VIII/ICD/73/RTI/2007/31836 dated 19.11.2007 denied information
on Point Nos. 1 to 9 by invoking Section 2(f) of the RTI Act and on Point No. 10 the CPIO
informed that as no departmental inquiry was carried out by this Commissionerate with
reference to Hon’ble Supreme Court of India’s order dated 10.7.2000, the question of
supplying copies thereof does not arise.
3. The instant matter was heard by the Commission in Case No.
CIC/AT/A/2008/00704 and the Commission vide its order dated 27.2.2009 remitted the
matter to FAA with the direction to examine the CPIO’s averment that the records relating
to the appellant’s RTI-application were untraceable in the Commissionerate and to
provide specific replies to the queries or to groups of queries of the appellant.
2 Case No. CIC/SS/A/2011/000793
4. In compliance with the direction of the Commission, the FAA vide order No. 25/09
dated 15.4.2009 has reconsidered the case and held that “The CPIO has informed that
despite best efforts, the records relating to the appeal are still not traceable. Filed
formations have also shown their inability to provide the information in the absence of old
records. The correspondence which, this office had with the Director General Vigilance
reveals that no officer of this office was involved in this case. The FAA upheld the decision
of CPIO”.
6. During the hearing the respondent submitted that despite best efforts, the records
relating appellant’s RTI-application which are of the year 1989, were not traceable.
7. After hearing the respondent and on perusal of the relevant documents on file, the
CPIO is hereby directed to provide an affidavit, that the records relating to appellant’s RTI-
application are not traceable, to the appellant within two weeks of the receipt of this
order.
The matter is disposed of with the above direction.
(Sushma Singh)
Information Commissioner
08.08.2011
Authenticated true copy:
(K.K. Sharma)
OSD & Deputy Registrar
3 Case No. CIC/SS/A/2011/000793
Address of the parties:
Shri S.P. Goyal,
103A, Krishna Chambers,
59, New Marine Lines,
Mumbai-400020
The CPIO,
Office of the Commissioner of Customs,
ICD Tughlakabad,
New Delhi.
The First Appellate Authority,
Office of the Commissioner of Customs,
ICD Tughlakabad,
New Delhi.