Central Information Commission
Sanchit Gupta vs Chief Commissioner Of Customs, ... on 22 February, 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/CCUM1/A/2020/129297
Sanchit Gupta ......अपीलकता /Appellant
VERSUS
बनाम
CPIO,
O/o the Commissioner of Customs
NS-II, RTI Cell (Export), B-401. Jawahar
Lal Nehru Custom House, NHAVA - SHEVA,
District-Raigarh - 400707, Maharashtra. .... ितवादीगण /Respondent
Date of Hearing : 21/02/2022
Date of Decision : 21/02/2022
INFORMATION COMMISSIONER : Saroj Punhani
Relevant facts emerging from appeal:
RTI application filed on : 20/11/2019
CPIO replied on : 13/12/2019
First appeal filed on : 26/12/2019
First Appellate Authority order : 20/02/2020
2nd Appeal/Complaint dated : 06/03/2020
1
Information sought:
The Appellant filed an RTI application dated 20.11.2019 seeking the following information:
1. Copy-of Bill of landing TKO7569 dated 24.10.2015 (old).
2. Copy of Bill of landing TSC07569 dated-24.10.2015(new)
3. Bill of lading number MOLU26010999092 dated 24.10.2015.
4. Letter dated 03.05.2016 submitted by M/s. Durga International, Ludhiana. (Request for grant of amendment in IGM).
5. Letter submitted by TSC Crest with regard to actual consignee.
6. Letter dated 30.05.2016 submitted by M/s. Durga International, Ludhiana for amendment of consignee.
7. Letter dated 30.05.2016 submitted by M/s. Ganga Ram Briji Mohan, Delhi for release of goods to M/s. Durga International.
8. Letter submitted by TSC Crest dated 02.05.2016 (request for amendment in consignee in IGM).
9. Letter submitted by TSC Crest dated 02.05.2016 ( Request for grant of amendment in IGM).
10.Letter dated 03.05.2016 submitted by M/s. Mitsui Osk Lines (India) Pvt. Ltd (amendment in IGM).
11. Application of "Amendment in IGM" submitted by M/s. Mitsui Osk Lines (India) Pvt. Ltd, with copies of permission granted by your department, along with all notings and remarks.
12.Invoice dated 15.10.2015 submitted by M/s, Sunny Gem.
13.Copy of letter dated 18.04.2016 submitted by M/s. Sunny Gem, USA.
14.Letter dated 03.05.2016 submitted by M/s. Mitsui Osk Lines (India) Pvt. Ltd.
(Amendment of Consignee).
15. Copy of Bill of entry 5655036/16/06/2016/N/H The CPIO furnished a reply to the appellant on 13.12.2019 enclosing the certified copy of Bill of Entry along with commercial invoice, Export bill of landing and plant quarantine certificate.
Being dissatisfied, the appellant filed a First Appeal dated 26.12.2019. FAA's order dated 20.02.2020 stated as follows:-
"............All the sincere efforts have been made to find out the remaining documents from Import Noting and MCD sections but all wet in vain. It 2 cannot be said that documents is not in existent but at present documents are untraceable."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Represented by Hari Om Jindal through audio conference. Respondent: Bichanna, Assistant Commissioner & CPIO present through audio conference.
The Rep. of the Appellant stated that the complete documents have not been provided by the CPIO till date. He further pointed out that the FAA in his order has agreed to the existence of the remaining documents and therefore if the records have been lost or misplaced, the CPIO should provide the information regarding filing of FIR and related action taken in the matter to recreate the records.
The CPIO submitted that the Appellant was provided with the documents which were available and traceable and the concerned Section has also been requested to check for the availability of additional information, if any.
Decision:
The Commission based on a perusal of the facts on record observes that the reply provided by the CPIO stands supplemented by the FAA's order in as much as it has been indicated therein that the documents which were not traceable could not be provided. However, there is no material on record to show that any effort was made to trace out the remaining documents.
Now, having heard both the parties, the Commission directs the CPIO to revisit the RTI Application and adequately liaise with the concerned record holders to ascertain the availability of the remaining documents. The remaining documents, if available and traced out shall be provided to the Appellant free of cost under due intimation to the Commission. Further, the CPIO is directed to file an affidavit stating the non-traceability of the remaining documents and sent the same to the Commission with a copy duly endorsed to the Appellant. The said directions 3 should be complied with by the CPIO within 30 days from the date of receipt of this order.
The CPIO is also directed to place a copy of this order before their competent authority to take necessary action with respect to the records which are rendered untraceable in this instant case.
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 / 4