Central Information Commission
Mr.Md Anis vs Cbdt on 21 September, 2012
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi-110067
Tel: +91-11-26105682
File No.CIC/DS/A/2011/002693/RM
Appellant: Mr. Mohd. Anis, Patna
Public Authority: Income Tax Department,
Bhagalpur
Date of Hearing: 21.09.2012
Date of decision: 21.09.2012
Heard today, dated 21.09.2012 through video conferencing.
Appellant is present.
The Public Authority is represented by Shri Ram Pyre Ram, Asstt
Commissioner, IT HQ(Admn)/CPIO.
The above parties were heard and records perused.
FACTS
Vide RTI dated 18.2.10, appellant had sought information from the IT department.
2. CPIO vide letter dated 18.3.10, denied the information u/s 8(1)(h) and (j) as the appellant has been charge sheeted by the CBI for corruption and the matter was sub-judice before the designated court.
3. An appeal was filed on 21.4.10.
4. AA vide order dated 24.5.10, upheld the decision of the CPIO and disposed of the appeal.
5. Not satisfied with the response, he filed the present appeal.
6. Submissions made by appellant and the public authority were heard. The appellant has asked for copies of documents from the concerned file in support of his defence before the court of law, where a case is pending against him. It is the contention of the public authority that this information is exempt u/s 8(1)(h) as it would impede the process of investigation or apprehension or prosecution. He has also referred to the fact that there are ample provisions in criminal law regarding the entitlements of a person facing prosecution to claim documents, records etc.
7. The Commission finds that this issue has been exhaustively dealt with by a division bench of the Commission in the case of Smt Durgesh Kumari vs Income Tax department (file no.CIC/LS/A/2010/000685 dt 26.8.11) wherein it had been held that disclosure of information would impede the process of prosecution and that the CrPC "provides for fair trial in conformity with the principles of natural justice. Hence, in the premises, the request of the appellant for a copy of the file in which the sanction for prosecution was processed, is difficult to appreciate".
DECISION
8. In view of the above, the Commission upholds the decision of the CPIO.
The appeal is disposed of.
Sd/-
(Rajiv Mathur) Central Information Commissioner Authenticated true copy forwarded to :
Shri Md. Anis Tax Asstt. O/o. Commissioner of Income -Tax(Audit Co Wing), 2nd Floor, C.R. Building, Bir Chand Patel Path, Patna - 800 001 The Income Tax Officer HQrs.(Admn.)& CPIO(RTI Cell) O/o. Commissioner of Income Tax, Kutchery Chowk, Bhagalpur The Commissioner & First Appellate Authority (RTI Cell) O/o. Commissioner of Income Tax, Kutchery Chowk, Bhagalpur (Raghubir Singh) Deputy Registrar .09.2012 4