Central Information Commission
Mr.Milap Choraria vs Cbdt on 12 July, 2011
1
Central Information Commission
Room No.307, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama
Place, New Delhi110066
Telefax:01126180532 & 01126107254 websitecic.gov.in
Appeal : No. CIC/DS/A/2011/000189
Appellant /Complainant : Shri Milap Choraria,
Delhi
Public Authority : CBDT, New Delhi
(Sh.Roopak Kumar,CPIO,
Sh.D.Srinivas,
AA)
Date of Hearing : 12 July 2011
Date of Decision : 12 July 2011
Facts:
1. 0188 - Applicant submitted RTI applications dated 11 May 2010 before the CPIO, Department of Revenue, CBDT, New Delhi seeking information regarding guidelines for monitoring of telephone calls and entire file noting from the respective file through which approval is granted to Directorate General of Income Tax (investigation) for monitoring of the telephone calls of individuals - enclosed herewith as Annexure A.
2. Vide order dated 24 June 2010, the CPIO denied disclosure of information by citing the provisions of section 24 (1) of the Act under which nothing contained in the said Act would apply to the intelligence and security Organizations specified in the Second Schedule. And argued that since the information sought for directly related to DGIT (Investigation) on which section 24 (1) applied the information could not be provided.
3. Applicant preferred appeal dated 25 July 2010 before the first appellate authority.
4. Matter was disposed of vide FAA order dated 1 September 2010 by upholding the order of the CPIO.
5. Not being satisfied with the above orders, appellant preferred second appeal before the Appeal : No. CIC/DS/A/2011/000189 2 Commission matter was heard today both parties were present as above and presented arguments.
Facts:
6. 0189 - Applicant presented RTI application dated 11 May 2010 before the CPIO, Department of Revenue, CBDT, New Delhi seeking information regarding full file/file notings/proposals From Department of Revenue/CBDT to bring DG IT (investigation) under the Second Schedule under section 24 of the RTI Act, 2005 resulting in the issuance of Gazette notification dated 28 March 2008.
7. Vide CPIO order of 11 June 2010, appellant was denied disclosure of the requested information by citing the provisions of section 24 (1) of the Act.
8. Appellant preferred appeal dated 11 July 2010 before the first appellate authority.
9. Vide FAA order dated 1 September 2010 matter was decided by upholding the order of the CPIO and on the grounds that the appeal had been filed after the time limit for filing such appeal had expired and that the appellant had not furnished any cause which prevented him from filing the appeal in time.
10. Appellant submitted second appeal before the Commission. Matter was heard today. Both parties were present as above in person and made submissions.
11. To make his point to support nondisclosure of information to the appellant, respondent quoted from order of the Delhi High Court in the matter pertaining to Mercury Travels India (P) Ltd Vs Director of Enforcement, New Delhi, FAO no. 73 of 1973 wherein it is stated, " .... That to carry out effectually the object of a statute, it must be so construed as to defeat all attempts to do, or avoid doing, in an indirect or circuitous manner that which it has prohibited or enjoyed: Quando aliquid prohibetur ex directo, prohibetur et per obliquum"
(when anything is prohibited directly, it is prohibited also indirectly).
Appeal : No. CIC/DS/A/2011/000189 3 Decision notice
12. After hearing both parties the Commission upholds the order of the CPIO and the first appellate authority. Appeal is dismissed.
(Smt. Deepak Sandhu) Information Commissioner (DS) Authenticated true copy:
(T. K. Mohapatra) Under Secretary & Dy. Registrar Copy to:
1. Shri Milap Choraria B5/52, Setor7 Rohini, Delhi110085
2. The CPIO Under Secretary (Inv.)II,III Central Board of Direct Taxes Department of Revenue, North Block New Delhi110001.
3. The Appellate Authority Director (Inv.).II & III Central Board of Direct Taxes Department of Revenue, Room No. 265A, North Block New Delhi110001.
Appeal : No. CIC/DS/A/2011/000189