Central Information Commission
Sachin Jain vs Central Board Of Indirect Taxes And ... on 2 December, 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/CIC/CBECE/A/2022/617919
Sachin Jain ......अपीलकता /Appellant
VERSUS
बनाम
CPIO,
Assistant Commissioner,
Office of the Additional
Commissioner, RTI Cell,
Inland Container Depot,
Loni,Ghaziabad-201102, Uttar Pradesh .... ितवादीगण /Respondent
Date of Hearing : 29/11/2022
Date of Decision : 29/11/2022
INFORMATION COMMISSIONER : Saroj Punhani
Relevant facts emerging from appeal:
RTI application filed on : 11/11/2021
CPIO replied on : Not on record
First appeal filed on : 17/01/2022
First Appellate Authority order : Not on record
2nd Appeal/Complaint dated : 14/03/2022
Information sought:
The Appellant filed an RTI application dated 11.11.2021 seeking the following information:1
"Please refer to your letter no. C.No. VIII(30)CUS/ICD LONI/RTI/121/2021/1213/07- 10-21and the Order NO.72184/2018 passed by the Hon'ble CESTAT at Allahabad after rejecting the APPEAL No.C/70183/2015-CU{DB} field by department regarding sample retesting of Sachin Chemical Agency.
Under RTI act 2005 We request you to kindly give us the copy of the test reports of samples sent for testing on date 07/08/2021."
Having not received any response from the CPIO, the appellant filed a First Appeal dated 17.01.2022. FAA's order, if any, is not available on record.
Feeling aggrieved and dissatisfied with the non-receipt of information, the appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Not present.
Respondent: Not present.
Both the parties were absent during the hearing.
However, it was confirmed from the Registry of this bench that as per the tracking report of Postal Department, hearing notice has already been delivered to the Respondent on 22.11.2022.
Decision:
The Commission at the outset takes grave exception to the fact that no reply has ever been provided by the concerned then CPIO and/or by the present CPIO of the Respondent Public Authority to the Appellant within the stipulated time frame as envisaged under the RTI Act.
In addition to the above, absence of the present CPIO, O/o. Additional Commissioner, CBIC, Loni Ghaziabad during hearing without intimating any reasons thereof and also non-submission of any written submission in response to instant case shows a sheer disregard for the proceedings of the Commission. Moreover, such colossal misconduct of the incumbent CPIO tantamount to causing unwarranted obstruction to the Appellant's right to information and also is in grave violation to the provisions of RTI Act.2
In view of the above, the concerned then CPIO and also the present CPIO, Assistant Commissioner, O/o. Additional Commissioner, CBIC, Loni are hereby directed to send their written explanations to show cause with the Commission as to why action should not be initiated against them under Section 20 of RTI Act for not providing timely response upon receipt of RTI Application and also for their absence before the Commission during the hearing. The aforesaid written explanation of both the CPIOs along with supportive documents, if any should reach the Commission within 15 days from the date of receipt of this order.
Further, considering the prayer of Appellant regarding non-receipt of any information, the CPIO is hereby directed to provide a categorical reply along with relevant information in response to instant RTI Application as per the provisions of RTI Act.
The aforesaid reply and information should be provided by the CPIO free of cost to the Appellant through speed post and also via email within 15 days from the date of receipt of this order under due intimation to the Commission.
The appeal is disposed of accordingly.
Saroj 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 / 3