Central Information Commission
Shibu S V vs Central Board Of Indirect Taxes And ... on 31 October, 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/CBECE/A/2021/632749
Shibu S V ......अपीलकता /Appellant
VERSUS
बनाम
CPIO,
Central Board of Indirect Taxes &
Customs, RTI Cell, TRU-I, North Block,
New Delhi-110001 .... ितवादीगण /Respondent
Date of Hearing : 21/09/2022
Date of Decision : 21/09/2022
INFORMATION COMMISSIONER : Saroj Punhani
Relevant facts emerging from appeal:
RTI application filed on : 12/05/2021
CPIO replied on : Not on record
First appeal filed on : 12/06/2021
First Appellate Authority's order : Not on record
2nd Appeal/Complaint dated : 27/07/2021
Information sought:
The Appellant filed an online RTI application dated 12.05.2021 seeking the following information:
"Copy of all the proceeding including note file regarding the recommendation of Court of chief commissioner of persons with DisabilitiesCase No 12149/1141/2020 Dated 01/12/2020 under Right to information Act 2005."1
Having not received any response from the CPIO, the appellant filed a First Appeal dated 12.06.2021. FAA's order, if any, is not available on record.
Feeling aggrieved and dissatisfied with the non-receipt of information, the appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Not present.
Respondent: Sandesh Lokhande, CPIO (TRU-I) present through intra-video conference.
The CPIO submitted that a reply was provided to the Appellant on 02.08.2021 stating that the Ministry of Disability and Social Justice had not forwarded the recommendations to the unit and thus, no such record exists at the moment. He further stated that in keeping with the spirit of the RTI Act, the Appellant was also conveyed the procedure followed in dealing with the representations/recommendations in matter of change in GST rates on specific items. As regards the delay in providing the reply, the CPIO reiterated his written submissions stating as under:
"1. In this matter it is submitted that the time during which the application was filed during May -July 2021. Around this time period the COVID-19 second wave was at peak in the National Capital Region. The pandemic had affected a large proportion of the office staff and thus was working with less than 50% strength during that period.
2. Further, this office deals with the matters related to tariff rate structure for indirect taxation related matters including customs, GST and Central Excise.
During the time of pandemic, the office was also dealing with setting up policies for easing the pressure on the healthcare system by providing exemptions and facilitating imports for the bonafide importers of oxygen concentrators, life-saving drugs, machinery required for setting up oxygen generating plants at war footing and allied machinery/capital goods.
3. Thus, owing to the prevailing situation the reply to the application and the first appeal was delayed. There is no malafide intentions to delay the right conferred on the applicant by the Right to Information Act."
2Decision:
The Commission based on a perusal of the facts on record observes that the CPIO has provided an appropriate reply to the RTI Application and has also adequately explained the delay in providing the same. In view of this and in the absence of the Appellant to plead his case, the Commission finds no scope of action in the matter.
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 / 3