Central Information Commission Judgements

Shri Mani Ram Sharma vs Cit Bikaner on 3 December, 2008

Central Information Commission
Shri Mani Ram Sharma vs Cit Bikaner on 3 December, 2008
529Mani ram sharma CIT Bikaner 3 12 8                          1


                             CENTRAL INFORMATION COMMISSION
                                Block IV, 4Th Floor, Old JNU Campus
                                         New Delhi-110067
                              Appeal No. CIC/AT/A/2008/00529

Appellant:                                                      Shri Mani Ram sharma

Public Authority:                                               CIT Bikaner
                                                                (through Shri Sukhjeet Singh, ACIT)

Date of Hearing:                                                03/12/2008

Date of Decision                                                03/12/2008

FACTS

:-

By his letter 22/10/2007, the Appellant had requested for information on the
following two points :-

(i) number of complaints received by the Income Tax Department from
01/04/2007 to 31/10/2007; and

(ii) Action taken by IT Department against Shri Madhao Singh on the
complaint filed by the Appellant.

2. By his letter of 20/11/2007, CPIO had furnished information on point (i) above.
As regards point (ii) above, the CPIO had informed the Appellant that the matter was
under investigation.

3. Dissatisfied with this, the Appellant has filed Appeal before the Appellate
Authority, who by her order dated 03/01/2008, had upheld the decision of CPIO.

4. The present Appeal has been filed against the order of the Appellate Authority.

5. The matter was heard on 03/12/2008. The Appellant did not appear in person.
CIT is represented by the officer named above. It is the submission of Shri Sukhjeet
Singh that the matter relating to the complaint filed by the Appellant is still under
investigation and, therefore, this information cannot be disclosed at this stage.

6. It may be mentioned that the information which would impede the process of
investigation is exempted from disclosure under clause (h) of section 8(1) of RTI Act. In
several decisions, this Commission has interpreted the word ‘investigation’ to mean the
proceedings conducted by the Income Tax Department. In this view of the matter, denial
of information on point No.(ii) above, to the Appellant appears to be justified.

DECISION

7. The appeal has no merit and is dismissed.

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
Tele: 011-2616 26 62