CENTRAL INFORMATION COMMISSION
.....
F.No.CIC/AT/A/2008/00290
Dated, the 17th July, 2008.
Appellant : Shri Aroop Kumar Singh
Respondents : Central Board of Direct Taxes (CBDT)
This matter came up for hearing on 16.07.2008 pursuant to Commission’s
hearing notice dated 03.06.2008. Appellant was present in person, while the
respondents were represented by Shri R.S.Bist, Under Secretary.
2. Through its order dated 20.06.2007, Commission had directed that
respondents would provide to this appellant inspection of the files / file-notings
in the requested matter on a day and time to be fixed not later than two weeks
from the date of receipt of that order.
3. It is noted that in spite of the Commission’s order, the Appellate
Authority, Shri M.D.Sinha, Director (Ad.VI) passed another order dated
25.01.2008 that portions of the file relating to the consideration of the cases of
other officers would not be disclosed to the appellant under Section 8(1)(j) of the
RTI Act since that would amount to unwarranted invasion of the privacy of those
other individual.
4. The order of the Appellate Authority is wholly misconceived and, shows
an utter ignorance of the RTI law. First, once the orders of the Commission had
been issued, it was not open to the Appellate Authority to sit in judgement on
how to apply that order. Nowhere in the order of the Commission dated
20.06.2007, it was stated that Appellate Authority, or for that reason any other
respondent, would decide which part of the information to be withheld from
inspection once the order was for the inspection of the entire file. Second, there
was no reason for the Appellate Authority to condescendingly record in his order
that the appellant could be provided photocopies of the documents in spite of the
fact that no such orders were contained in the Commission’s above decision.
It is surprising that the Appellate Authority did not know the elementary fact that
it is the right of a petitioner to receive photocopies of documents ― especially
the documents he had inspected ― under Section 2(j) of the RTI Act.
5. It is this incapacity of the officers such as this Appellate Authority to
comprehend the RTI law that proceedings are prolonged and they multiply.
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6. CPIO is directed that he will handover within two days from the date of
the receipt of this order, copies of the entire file mentioned in the Commission’s
previous order (dated 20.06.2007). This shall be provided to the appellant free of
cost.
7. Notices may issue to the Appellate Authority, Shri M.D.Sinha,
Director (Ad.VI) to show cause as to why penalty should not be imposed on him,
as holder of the information; for distorting the Commission’s orders and failing
to provide to the appellant his rightful information. Returnable in two weeks.
8. A notice may also separately issue to the head of the public authority, viz.
Chairman, Central Board of Direct Taxes, repeated to the Appellate Authority, as
to why a compensation of Rs.50,000/- not be awarded to the appellant for the
detriment suffered by him due to the deliberately dilatory and evasive action of
the Appellate Authority, Shri M.D.Sinha in the matter of disclosure of
information. Returnable in two weeks.
9. Copy of this decision be sent to the parties.
Sd/-
(A.N. TIWARI)
INFORMATION COMMISSIONER
Authenticated by –
Sd/-
( D.C. SINGH )
Under Secretary & Asst. Registrar
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