Central Information Commission
Mr.Vinod Tushir vs Cbdt on 4 October, 2010
Central Information Commission
Room No.296, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama Place, New
Delhi110066
Telefax:01126180532 & 01126107254 websitecic.gov.in
Appeal : No. CIC/LS/A/2010/000406
Appellant /Complainant : Shri Vinod Tushir, Sonepat
Public Authority : O/O of Income Tax Officer, Ward1,
Sonepat (Sh H.S.Hudda, Inspector &
Sh.
V.K. Kalra - through
videoconferencing)
Date of Hearing : 4/10/2010
Date of Decision : 4/10/2010
Facts:
1. The applicant Shri Vinod Tushir sought information vide his RTI application of 19.9.2009 from the CPIO, Office of Additional Commissioner of Income Tax, Sonepat Range through 10 points - enclosed herewith as AnnexureA.
2. The CPIO vide his order dated 7.10.2009 denied disclosure citing Sec. (1)(h) of the Act.
3. The applicant preferred appeal dated 10.11.2009 against the above order before the First Appellate Authority. The matter was disposed of vide FAA Order of 8.12.2009 wherein the CPIO was directed as follows : "The CPIO is further directed that after taking cognizance of the order of the Hon'ble Delhi High Court in the case of Bhagat Singh Vs Chief Information Commission and others, that preliminary information if any, may be supplied to the applicant in the case of the TEP proceeding of Sh. Hawa Singh Kharti. The CPIO is directed to decide the petitions of applicant within 30 days on the receipt of this order."
3. Not having received information from the CPIO in compliance of the order of the FAA the applicant filed second appeal before the Commission.
4. The matter is heard today through videoconferencing. Both parties were present as above.
5. The appellant stated that orders of the FAA had not been implemented by the CPIO.
Decision
6. Commission remands the matter to the CPIO with directions to dispose of the matter as per orders of the FAA dated 8.12.2009 within 2 weeks of receipt of this order.
7. In case appellant is not satisfied with the speaking order of the CPIO, he may prefer appeal before the FAA who will dispose of the matter within 2 weeks thereafter.
8. Appellant is free to come before the Commission in appeal which can be dispatched to the registry of the Central Information Commission with a copy to be faxed at Tele: No. 01126107254.
9. Through this order Commission issues notice to the CPIO to show cause why action should not be taken against him as per provisions of the RTI Act for not having complied with the orders of the FAA wherein he was given directions and a fixed time frame within which to complete action. The CPIO is given opportunity of personal hearing in this matter for which he is directed to appear before the Commission on 15.12.2010 at 11.30 AM at NIC District Centre, Room No. 1, Ground Floor, DC Office Building, Mini Secretariat, Sonepat (Contact Office & No. Ms. Sudha Dahiya, ScientistC, 01302220509).
(Smt. Deepak Sandhu) Information Commissioner (DS) Authenticated true copy:
(T. K. Mohapatra) Under Secretary & Dy. Registrar Tel No. 01126105027 Copy to:
1. Shri Vinod Tushir Near Mandir Nangal Kalan Road Piou Maniyari Kundli, Sonepat (Haryana)
2. The CPIO Office of Income Tax Officer, Ward1, Minerva Complex, Atlas Road, Sonepat (Haryana)
3. The Appellate Authority Office of Income Tax Officer, Ward1, Minerva Complex, Atlas Road, Sonepat (Haryana)