CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No. CIC/LS/A/2009/000524
Complainant : Shri Manoj Jain
Public Authority : CBDT
(through Shri K.K. Mishra, Addl. Commissioner
(Pers.) & Shri R.K. Bhatia, ITO)
Date of Hearing : 15.06.2009
Date of Decision : 15.06.2009
Facts
Vide his letter of 8th April, 2009, the appellant had requested for
information on 15 paras relating to the resignation letter submitted by
him from the post of Tax Assistant in the Income Tax Department and
its processing at various levels in the Department. The CPIO had
responded to him vide order dated 09.04.2009 stating therein that the
information sought did not fall in the ambit of the word “information”
as defined in the RTI Act and was, in fact, contrary to the spirit of the
Act. The CPIO had also made an offer to the appellant to carry out
inspection of the relevant records, if he so desired.
2. Dissatisfied with the decision of the CPIO, the appellant has
filed the present complaint in the Commission which has been wrongly
classified as appeal.
3. The matter was heard on 15.06.2009. The appellant appeared
before the Commission. The Public Authority is represented by the
officers named above.
4. In this context, it may be pertinent to mention that another
complaint filed by Shri Jain was decided by this Commission on
02.04.2009 in File No. CIC/LS/C/2009/000070, directing
Shri Mishra to promptly deal with the request of Shri Jain regarding
withdrawal of his relieving order and to pass an appropriate order in
the matter. Shri Mishra would submit that pursuant to the direction of
the Commission, the request of Shri Jain was processed and order
passed vide letter dated 09.04.2009 wherein his request for
withdrawal of relieving has not been acceded to.
5. The issues raised in the present complaint are in inextricably
interlinked with the matters relating to the resignation of Shri Jain
from service; acceptance of his resignation letter by the competent
authority; his relieve from service and non acceptance of his request for
taking him back in to the service. Shri Mishra would also submit that
he has no objection to Shri Jain carrying out inspection of the entire
file in which this matter has been processed.
6. On the other hand, Shri Jain would vehemently plead that he
has a right to seek reasons for the decisions taken by the authorities on
the issues raised by him and that his stand is supported by various
decisions of this Commission. He has also submitted written
submissions, relying on the judgments of the constitutional courts,
requiring the authorities to indicate reasons for their decisions.
During the hearing, it has also been brought to the Commission’s
notice that he has already filed a representation before CBDT against
the decision of Shri K.K.Mishra which is under CBDT’s consideration.
DECISION
7. In view of the above discussion, the following decision is
recorded:
(i) The file in which the resignation of Shri Jain has been dealt with
may be allowed to be inspected him and copies of requisite documents
provided to him.
(ii) The CPIO may give para-wise response to the issues raised by
Shri Jain in the RTI application; &
(ii) A copy of para-wise comments sent by the office of Shri K.K.
Mishra to CBDT in regard to the representation of Shri Jain may be
provided to him.
8. The order of the Commission may be complied with in 02 weeks
time.
9. Copies of documents will be provided free of cost.
(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 26717353