Central Information Commission
Mr.Surender Pal vs Department Of Revenue on 17 August, 2012
Central Information Commission
Room No. 305 BWing, August Kranti Bhawan,
Bhikaji Kama Place, New Delhi - 110066
Tel No: 26167931
Case No. CIC/SS/A/2012/000892
Dated: 17.8.2012
Name of the Appellant : Mr. Surender Pal
(The appellant was present).
Name of the Public Authority : Commissioner of Customs-CFS,
Ludhiana.
Represented by Shri Sukh Chain Singh,
CPIO and Mr. Nitin Saini, FAA.
(Matter was heard through Video
Conferencing)
The matter was heard on : 12.7.2012
ORDER
Mr. Surender Pal, the appellant filed a petition dated 7.9.2011 under the provisions of the RTI Act, 2005 addressed to Asstt. Commissioner of Customs/ CPIO ICD/CFS CONCOR, Ludhiana. Upon not receiving any information within the specified time limt of 30 days, the appellant filed an appeal before the FAA. The FAA, vide his order dated 25.11.2011 observed that the requisite information has been provided by the CPIO only on 24.11.2011 i.e. after more than 2 months from the date of RTI application. The CPIO should have provided the information within the prescribed time limit. However as the information sought by the appellant has now been provided to him by the CPIO, the FAA held that the appeal of the appellant stands disposed to that extent. In regard to the plea of the appellant for penalizing the CPIO for not supplying the information within time frame prescribed under RTI law, the FAA observed that imposition of penalty on CPIO is governed by the provisions of section 18 and 20 of the RTI Act, 2005 and only Central Information Commission is empowered to take action under these provisions. The appellant thereafter filed an appeal before the Commission in which he submits that he is aggrieved with the incomplete and misleading information provided to him by the respondent and also on the grounds that he has been provided with illegible and uncertified copies of documents.
The query No.1 & 2 of the appellant's RTI request has been replied to by the CPIO, vide his letter dated 24.11.2011. Point Nos. 3, 4, 5, 6, 6b, 7 & 7b, i.e. the remaining part of the RTI application are regarding Standing order No. 3/2000-CUS dated 6.6.2000 of which the appellant has sought certified copy, date of receipt, date of its circulation among Custom staff posted at CFS Concor for its compliance and also certified copy of its proof, and various other queries regarding aforementioned standing order. To these queries the respondent CPIO has replied as follows:-
"The Standing Order No. 3/2000-Cus dated 6.6.2000 was the basic order issued for smooth functioning of Container Freight Stations Ludhiana. As per routine it must be received at CFS, Concor and must have also been circulated among all the officers working at that time at Concor. Besides this, officers who were posted at the said station from 10.9.2000 till date are required to go through the captioned Standing Order/Public Notice/Instructions before starting to understand the working on the said export/import EDI System. Besides this the present staff working at the said station also used to receive copies of Standing Order/instructions/Circulars (issued if any), from the higher formation from time to time for strict compliance and smooth disposal of Cargo at the said station (Concor). As per records available you remained posted at the said station (2008-09) and were working on the same export EDI terminals on which present staff is working and must have been gone through all the copies of the relevant Standing Order/circulars/instructions/Office Order applicable at the relevant time for discharging of your duty at the said station. However, the desired copy of Standing Order no. 3/2000-Cus dated 6.6.2000 and Public Notice No. 5/2006- Cus is enclosed."
During the hearing the respondent submit that the appellant, Shri Surender Pal has been working in the Custom Department for over 22 years. Presently he is working as Inspectior in the Custom Preventive Commissionerate, Amritsar. The information sought for by the appellant with regard to standing order No. 3/2000-Cus dated 6.6.2000 is available with the appellant himself in the Technical Branch where he is working. A copy of the Standing Order has been procured from the place where he is working and appellant is supposed to know the contents of the Standing Order and all the information that he is asking for about the aforementioned Standing Order. The contention of the respondent has not been rebutted by Shri Surender Pal during the hearing. Under the provisions of the RTI Act the respondent can only provide the information which is held by and under the control of the respondent. In this case the appellant himself is the holder of the information. Since the appellant himself is the holder of the information he cannot claim that the information held by him has been denied to him by the respondent. The Commission therefore finds no reason to interfere in the reply of the respondent.
The matter is disposed of on the part of the Commission.
Sd/-
(Sushma Singh) Information Commissioner Authenticated true copy:
(D.C. Singh) Deputy Registrar Copy to:
1. Shri Surender Pal, 69/1-P, Parkash Nagar, Near Rana Hospital, Model Town, Jalandhar-144003.
2. The C.P.I.O.
Dy. Commissioner, Department of Customs, ICD/CFS Concor, C-205, Phase V, Dhandari Kalan, Ludhiana, Punjab - 600001.
3. The First Appellate Authority, Addl. Commissioner, Department of Customs, ICD/CFS Concor, C-205, Phase V, Dhandari Kalan, Ludhiana, Punjab - 600001.