Central Information Commission
Sanjeev Kumar Sabberwal vs Chief Commissioner Of Customs And ... on 7 March, 2022
Author: Saroj Punhani
Bench: Saroj Punhani
के ीय सूचना आयोग
Central Information Commission
बाबागंगनाथमाग , मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No : CIC/CCEMT/A/2020/684028
Sanjeev Kumar Sabberwal ......अपीलकता /Appellant
VERSUS
बनाम
CPIO,
Office of the Principal
Commissioner of Customs, Noida
Customs Commissionerate, RTI
Cell, Concor Complex, Greater
Noida, UP-201311 ..... ितवादीगण /Respondent
Date of Hearing : 02/02/2022
Date of Decision : 25/02/2022
INFORMATION COMMISSIONER : Saroj Punhani
Relevant facts emerging from appeal:
RTI application filed on : 23/05/2020
CPIO replied on : 22/06/2020
First appeal filed on : 09/07/2020
First Appellate Authority order : 07/08/2020
2nd Appeal/Complaint dated : 02/09/2020
Information sought:
The Appellant filed an RTI application dated 11.01.2019 seeking the following information:1
1. The alleged issue of under valuation was fabricated/concocted by the then Additional Commissioner of ICD Loni, Shri Birender Singh, in the month of March 2018 with ulterior motive. Please inform, the specific date on which the vigilance matter in this issue was initiated. Since the issue was initiated by Shri Birender Singh, Addl. Commissioner, ICD Loni in File No. 1641/2016, please provide the copies of all the notesheet pages of the file.
2. Please inform the date of order for conducting preliminary enquiry in the case by the Disciplinary Authority.
3. Please inform the date of appointment of Preliminary Inquiry Officer.
4. As per CVC guidelines, the preliminary inquiry in a vigilance matter should be concluded in three months (Refer Circular No. 000/VGL/18 dated 23.05.2000, issued by Central Vigilance Commission). Please inform the time taken for completion of the preliminary inquiry by the preliminary inquiry officer and date of submission of report of preliminary enquiry before the Disciplinary Authority, Shri V. Valte, the then Commissioner of Noida Customs. 27 / 70 27 / 70 27 / 68 27 / 68
5. Please provide the copy of preliminary enquiry report submitted by the preliminary enquiry officer before the Disciplinary Authority.
6. Please provide the copies of all the documents relied upon by the preliminary enquiry officer in the case.
7. Please provide the date of acceptance of preliminary enquiry by the then Disciplinary Authority Shri V.Valte and date of submission of his report to the Office of the Chief Commissioner, Meerut Zone.
8. Please provide the date of submission of findings of the Disciplinary Authority to the Additional Director General, Directorate General of Vigilance, Lucknow by the office of the Chief Commissioner along with the copy of letter.
9. After initiation of the fake case by the then Additional Commissioner and the then Commissioner of Noida Customs in March-2018, no appeal in respect of under valuation was proposed/filed by these officers before the Commissioner(Appeals) under Section 128 of the Customs Act, 1962, please 2 inform whether the accountability of these officers were fixed for their negligence.
10.Since, the CVC guidelines have been violated and an inordinate delay has been made in this case, please inform any responsibility of the erring officers has been fixed. If responsibility has been fixed, please inform the Name and Designation of the officers concerned, the delay caused at their end and the action taken by the department against the delaying officers.
11.Please inform the present status of case. Since due to initiation of fake/fabricated/concocted vigilance case and keeping it pending The CPIO replied to the appellant on 22.6.2020 that:-3
Being dissatisfied with the denial of the information, the appellant filed a First Appeal dated 09.07.2020. FAA's order 07.08.2020 upheld the reply of CPIO. Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Present through audio conference.
Respondent: Bijender Singh, Deputy Commissioner & CPIO present through audio conference.
The CPIO submitted that the information could not be provided as final action is still pending in the matter. The inquiry report has been submitted to the competent authority for approval and disclosure of the report or the records related thereto may hamper the further course of action in the matter.
The Appellant stated that there is no investigation pending in the matter as he has learnt that the report has been accepted by the competent authority and the investigation has been closed.
Decision:
The Commission observes from a perusal of the facts on record that the information sought for in the RTI Application largely seeks various dates of action or generic details related to the facts and status of the case, and therefore the square denial of the information under Section 8(1)(h) of the RTI Act particularly without any justification is not tenable.
Having observed as above, the Commission directs the CPIO to provide the available dates as sought for at points 1,2,3,4,7 & 8 of the RTI Application and on point 11, the CPIO will provide the status of the case in writing. The said information shall be provided free of cost to the Appellant within 15 days from the date of receipt of this order under due intimation to the Commission.
Copy of documents, notesheets etc. sought for in the RTI Application will remain exempted under Section 8(1)(h) of the RTI Act as the disclosure of the preliminary 4 enquiry report/notesheets and records based on which the report was submitted may hamper the apprehension and prosecution of the offenders, even if the investigation part is touted to be complete. Similarly, no relief is pertinent on points 9 & 10 of the RTI Application, as the Appellant has sought for clarifications based on speculative queries which do not conform to Section 2(f) of the RTI Act.
The appeal is disposed of accordingly.
Saoj Punhani (सरोजपुनहािन) हािन) Information Commissioner (सूचनाआयु ) Authenticated true copy (अिभ मािणत स#यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / 5