Central Information Commission
Pervez Ahmed vs Directorate General Of Foreign Trade on 8 September, 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/DGOFT/A/2022/100492
Pervez Ahmed ......अपीलकता /Appellant
VERSUS
बनाम
CPIO,
Ministry of Commerce &
Industry Directorate General
of Foreign Trade, RTI Cell,
Export Cell, Udyog Bhawan,
New Delhi- 110011 .... ितवादीगण /Respondent
Date of Hearing : 06/09/2022
Date of Decision : 06/09/2022
INFORMATION COMMISSIONER : Saroj Punhani
Relevant facts emerging from appeal:
RTI application filed on : 29/06/2021
CPIO replied on : 08/07/2021 & 05/08/2021
First appeal filed on : 25/08/2021
First Appellate Authority order : 27/09/2021
2nd Appeal/Complaint dated : 27/12/2021
1
Information sought:
The Appellant filed an RTI application dated 29.06.2021 with the CPIO, Ministry of Foreign Affairs seeking the following information:
The CPIO, Ministry of Foreign Affairs transferred the RTI Application to the CPIO, Ministry of Commerce, DGFT on 08.07.2021 under due intimation to the appellant.
Subsequently, the CPIO Ministry of Commerce & Industry, DGFT, New Delhi furnished a reply to the appellant on 05.08.2021 stating as follows:-
"...........it is informed that for carrying out export of any item/commodity, it requires IEC (Import Export Code) for which you can apply on DGFT portal- https://www.dgft.gov.ir/CP/ and details of documents which required to be uploaded are mentioned therein. Without IEC code, it is not possible to do any export or import of any item. Export of plants etc. are mostly free subject to conditions as stipulated by Customs from time to time."
Being dissatisfied, the appellant filed a First Appeal dated 25.08.2021. FAA's order dated 27.09.2021 stated that the information has already furnished to the appellant vide CPIO's letter dated 08.07.2021.
Feeling aggrieved and dissatisfied, the appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerging during Hearing:
The following were present:-2
Appellant: Present through audio/video-conference. Respondent: Ram Paul Singh, CPIO present in person.
The Appellant expressed his dissatisfaction with the fact that complete specific information has not been provided to him till date. He further harped on the fact that it is difficult for him to access/ get the details of documents required to be submitted while applying for an Import Export Code (IEC) from the website of Respondent Public Authority.
The CPIO submitted that a factual response has already been provided to the Appellant by inviting his attention to the specific hyperlink of the Website where from he can access the details of documents required to be submitted by the applicant for getting the desired IEC. He also apprised the Commission that further clarifications can be obtained by going through their FAQ's section available on their official Website. Further, at the behest of the Commission, the CPIO agreed to facilitate due assistance to the Appellant in obtaining IEC Code and also, shared his contact number with the Appellant.
Decision:
The Commission upon a perusal of records finds no infirmity in the reply provided by the CPIO as it adequately suffices the information sought by the Appellant as per the provisions of RTI Act.
However, by taking an empathetic view in the matter and also in furtherance of hearing proceedings the Appellant is advised to contact the CPIO for further clarification as regards issuance of IEC code through CPIO and also the CPIO is directed to facilitate due assistance to the Appellant in resolving his issue.
The aforesaid direction should be complied by the CPIO within 15 days upon receipt of any further request from the Appellant in this regard telephonically and/or in writing and a compliance report thereafter should be filed by the CPIO with the Commission thereafter.
The appeal is disposed of accordingly.
Saroj Punhani (सरोजपुनहािन) हािन) Information Commissioner (सूचनाआयु ) 3 Authenticated true copy (अिभ मािणत स#यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / 4