Central Information Commission Judgements

Ms. J.D. Sahay vs Department Of Revenue on 3 June, 2009

Central Information Commission
Ms. J.D. Sahay vs Department Of Revenue on 3 June, 2009
     CENTRAL INFORMATION COMMISSION
 Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066

                         File No. CIC/LS/C/2009/00297

Complainant          :       Ms. J.D. Sahay, CCIT, Ahmedabad (since retired)

Public Authority     :        Department of Revenue
                             (through Shri S.K. Tyagi, Director (Appellate
                             Authority) And Shri V. Sreekumar, Under
                             Secretary, (CPIO))

Date of Hearing      :       3.6.2009
Date of Decision :           3.6.2009
Facts

The matter, in short, is that vide her letter dated 5.3.2008, the
complainant had requested for copies of 08 orders passed by the Dept. of
Revnue relating to appointments of certain officers of the IRS as
Members of CBDT. As the complainant had requested for this
information in her official letter head, Shri V. Sreekumar, Under
Secretary, vide letter dated 28.3.2008 had requested the complainant to
clarify as to whether she had sought information under the RTI Act in
personal capacity or in the capacity of CCIT, Ahmedabad.

2. As she did not receive any response from Department of Revenue,
she had filed the present complaint before the Commission.

3. The matter was heard on 3.6.2009. The complainant did not
appear before the Commission but sent a representation in which she has
complained that no reply has since been received from CPIO, nor any
order passed rejecting her request.

4. On the other hand, it is the submission of Shri Tyagi that if the
complainant intended to seek information as CCIT, Ahmedabad then she
would have done so in ordinary course of business, without invoking the
provision of RTI Act; and if she intended to seek this information in
individual capacity, then she should not have written to the CPIO in the
official letter head and paid fee of Rs. 10/- from the State exchequer.
Shri Tyagi, however, is agreeable to send copies of the relevant
appointment order to the complainant now.

DECISION

5. As agreed Shri S.K. Tyagi, Director, Department of Revenue,
Govt. of India, may send copies of the requisite appointment orders to
the complainant in 03 weeks time.

6. The matter stands closed at the Commission’s end.

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