Central Information Commission
Krishna M Thore vs Chief Commissioner Of Income Tax (Cca) , ... on 11 August, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/CCITM/A/2024/106783
Krishna M Thore .....अपीलकता/Appellant
VERSUS
बनाम
The CPIO
Office of the Income Tax officer,
Ward-2 (1), Kendriya Rajaswa
Bhawan, Gadkari Chowk, Old Agra
Road, Nashik - 422002 .... ितवादीगण /Respondent
Date of Hearing : 25.07.2025
Date of Decision : 08.08.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 28.08.2023
CPIO replied on : 26.09.2023
First appeal filed on : 19.09.2023
First Appellate Authority's order : 08.12.2023
2nd Appeal/Complaint dated : 01.03.2024
Information sought:
1. The Appellant filed an (offline) RTI application dated 28.08.2023 seeking the following information:
"My date of birth as per School Leaving Certificate, date of birth certificate issued by Grampanchayat Valan & passport is 06/09/1948.Page 1 of 4
Whereas pan card number AFEPT4614G bears the date of birth as 01/01/1949.
Kindly provide me the supporting document in respect of the date of birth, i.e. 01/01/1949 on the pan card AFEPTXXXX. I have produced the document mentioned above to pan card authority at Nashik. However, they have refused to accept the same stating they will only consider the date of birth mentioned in Aadhar Card which is taken from pan card. Please provide me the supporting document which you have considered for documenting my date of birth as 01/01/1949 instead of actual date 06/09/1948."
2. The CPIO furnished a reply to the Appellant on 26.09.2023 stating as under:
"The information sought for by the applicant has no relationship to any public activity or interest. The applicant has failed to justify that the disclosure of such information will serve a Larger Public Interest. Therefore, furnishing of information requested, will not be in the "Large Public Interest" and hence the same is not furnished as per provision of section 8(1)(j) of the RTI Act, 2005."
3. Being dissatisfied, the Appellant filed a First Appeal dated 19.09.2023. The FAA vide its order dated 08.12.2023, held as under.
"From the records of this office it is seen that the PAN is allotted to you on 19/10/2006. The work of allotment of correction in PAN is given to Protean e-Govt Technologies Ltd (formerly NSDL) or UTIISL by the Department. Hence, you may apply there to obtain the information/documents required by you."
4. Feeling aggrieved and dissatisfied, Appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Present through video conference. Respondent: Ms. Padmaja Prasad, Income Tax Officer/CPIO, appeared through video conference.Page 2 of 4
5. Proof of having served a copy of Second Appeal on Respondent by the Appellant while filing the same in CIC on 01.03.2024 is not available on record.
6. The Appellant reiterated her grievance that his date of birth was incorrectly mentioned in her PAN card and that despite presenting valid supporting documents to the concerned authority, the correction was not accepted. She sought a copy of the record or document based on which the incorrect date of birth was recorded in the PAN database. She pleaded for imposing penalty to the concerned CPIOs as per the provisions of the RTI Act. She appeared along with her husband who is 96 years old and who is a defense pensioner (veteran) and in the event of him passing away his wife will be the recipient of family pension. They already approached the Defense Pension Authorities who pointed out the discrepancy of DOB of the pensioners' wife who will be recipient of family pension. In view of the advanced age of both them they wanted an early relief. Hence, this RTI application and appeal.
7. The Respondent while defending their case inter alia submitted that while the RTI application was responded to as per records available, the matter essentially pertains to data entry or processing during PAN allotment, which is managed by an outsourced agency. She further assured during the hearing that she would make an effort to address and resolve the problem of the Appellant through appropriate means because the outsourcing has been hired by the Respondent Public Authority.
Decision:
8. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, noted that the core of the RTI application relates to a very genuine problem being faced by a very senior citizen couple (90 plus years) concerning the incorrect recording of the date of birth in official records linked to the PAN card and erroneously printed on the PAN card. It is noted that the reply by the CPIO is bad and not sustainable in the eyes of law. Accordingly, the same is set aside. The Respondent present during the hearing pleads to take a lenient view and not penalised the then PIO Shri Sanjay and the then FAA Shri Harshad and instead she commits to facilitate to correction of DOB of the Appellant in her PAN card Page 3 of 4 at the earliest and arrange to issue a corrected PAN card. The present Respondent's willingness to address the issue constructively is appreciable. Accordingly, the Respondent is directed to take necessary steps to assist the Appellant in correction of DOB in her PAN Card. With these directions, the appeal is disposed of.
9. The FAA to ensure compliance of this order.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स!ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA Office of the Jt. Commissioner of Income Tax, Range - 1, Kendriya Rajaswa Bhawan, Gadkari Chowk, Old Agra Road, Nashik - 422002 Page 4 of 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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