Central Information Commission
2nd Floor, Room No. 305 BWing,
August Kranti Bhawan
Bhikaji Kama Place
New Delhi
Case No. CIC/AT/A/2010/000869/SS
Name of Appellant : Sh. Charanjit P. Singh
(The Appellant was not present).
Name of Respondent : Office of the Commissioner of Service Tax,
Mumbai
Representd by: Shri K.J. Sanchis
The matter was heard on : 18.5.2011
ORDER
Sh. Charanjit P. Singh, the Appellant filed an application dated 4.12.2009
under the provisions of RTI Act, 2005 seeking information on 6 points from the
Respondent. The CPIO, vide letter dated 1.1.2010 informed the Appellant that
since the information requested by the Appellant is under investigation, the same
cannot be given under the provisions of section 8(i) (h) of the RTI Act, 2005. The
First Appellate Authority, vide order dated 18.3.2010 upheld the decision of the
CPIO.
During the hearing the Respondent submit that the investigation in the
matter is now complete and charge sheet issued to the Appellant. Documents
requested on point No. 2, 3 and 4 of the RTI application have already been
provided to the Appellant as a part of the relied upon documents. The
Respondent also submits that a copy of the agreed list, as requested at point No.1
of the RTI application, cannot be provided to the Appellant since the list contains
the names of other persons, some of whom may also be under investigation. The
information requested by the Appellant at point No.5 of the RTI application is not
a part of the relied upon documents and therefore has not been provided to the
Appellant. In so far as point No.6 of the RTI application is concerned wherein the
Appellant had requested for the note sheet part, the Respondent submits that since
disciplinary proceedings have been initiated against the Appellant, this
information cannot be provided u/s 8(1) (h) of the RTI Act.
After hearing the Respondent and on perusal of the relevant documents on
file, the Commission is of the view that since the information requested on point
No. 2, 3 & 4 of RTI application have already been provided to the Appellant as a
part of the relied upon documents, this need not be provided again. The
contention of the Respondent that a copy of the “agreed list” cannot be provided to
the Appellant is upheld since it attracts the provisions of section 8 (i) (h) and (1) of
the RTI Act. A copy of the document requested at point No.5 of the RTI
application is to be provided, free of cost to the Appellant. The contention of the
Respondent with regard to query No. 6 of the RTI application is upheld. The
direction of the Commission is to be complied with within 10 days of receipt of
this order.
With these observations/directions, the matter is disposed of on the part of
the Commission.
Sd/
(Sushma Singh)
Information Commissioner
18.05.2011
Authenticated true copy
(S. Padmanabha)
Under Secretary & Dy. Registrar
Copy to:
1. Shri Charanjit P Singh,
16, Pali Road,
18C, MILAN, Bandra(West),
Mumbai – 400050.
2. The Public Information Officer,
Office of the Commissioner of Service Tax,
Mumabi 5th Floor,
New Central Excise Building,
15, M.K. Road, Churchgate,
Mumbai – 400020.
3. The First Appellate Authority,
Office of the Commissioner of Service Tax,
Mumabi 5th Floor,
New Central Excise Building,
15, M.K. Road, Churchgate,
Mumbai – 400020.