Central Information Commission
Mukesh Kumar vs Chief Commissioner Of Central Excise, ... on 24 December, 2021
Author: Neeraj Kumar Gupta
Bench: Neeraj Kumar Gupta
के ीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमाग ,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीयअपीलसं या/Second Appeal No. CIC/CCCER/A/2020/671503
Mr. Mukesh Kumar ... अपीलकता /Appellant
VERSUS
बनाम
CPIO ... ितवादी/Respondent
O/o. the Chief Commissioner
CGST & CX, Ranchi Zone
CR Building, Veer Chand Patel
Path, Patna, Bihar-800001
Relevant dates emerging from the appeal:-
RTI : 07-09-2019 FA : 23-12-2019 SA : 26-05-2020
CPIO : Not on Records FAO : 20-01-2020 Hearing: 13-12-2021
ORDER
1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO) O/o. The Chief Commissioner CGST & CX, Patna, Bihar. The appellant seeking information on ten points including inter-alia is as under:-
1. Please provide the present status of letter C. No. II(24)2-
Ett/99/15894 dated 10-12-2004 issued by then superintendent (Esstt.) Central Excise (H) Patna, with copy to me wherein the existing vacancy position in the grade of UDC (Special Pay) is showing -05 nos as on 20-02-1998 as per list 11-01-2001 signed by then Superintendent (Esstt.) Central Excise (H) Patna. etc.
2. No reply of CPIO is placed on records. Being dissatisfied with the same, the appellant has filed first appeal dated 23-12-2019and requested that the information should be provided to him. The FAO vide order dated 20-01-2020 Page 1 of 3 directed to the CPIO to issue direction to the concerned branch head to locate the file within 30 days & communicate the finding/information, if any, to the applicant accordingly and disposed the appeal. He has filed a second appeal before the Commission on the ground that information sought has not been provided to him and requested to direct the respondent to provide complete and correct information.
Hearing:
3. Since the appellant is no more, the matter is being decided on merit of the case. The respondent, Shri Ram Karan Safi, CPIO/Ass. Commissioner attended the hearing through audio-call.
4. The respondent submitted their written submissions dated 08.12.2021and the same has been taken on record.
5. The respondent submitted that after receiving the direction of the concerned FAA, the CPIO issued necessary direction to the concerned branch to locate the file vide their letter dated 31.01.2020. that the concerned competent authority further issued 'Trace Notice' on 22.01.2020 for tracking down the file and finally he informed the RTI branch vide his letter dated 18.02.2020 that despite utmost efforts by his branch to find/ trace/ locate the referred files, the same could not be located. The CPIO in compliance of the FAA's order, informed the outcome of efforts to the appellant within stipulated period.
Decision:
6. The Commission, after hearing the submissions of both the parties and after perusal of records, observes that the appellant has sought information pertaining to the present status of letter dated 10-12-2004 issued by then superintendent (Esstt.) Central Excise (H) Patna and other related queries. That the information sought by the appellant in the instant RTI Application is more than 15 years old, therefore the same could not be traced by the concerned department as submitted by the respondent. That the said fact has already been conveyed by the respondent.
7. In view of the above, the Commission is of the opinion that since the appellant is no more alive and an adequate reply as per available records has already been provided by the respondent. Hence, no further intervention of the Commission is required in the matter.
8. With the above observations, the appeal is disposed of Page 2 of 3
9. Copy of the decision be provided free of cost to the parties.
नीरजकु मारगु ा)
Neeraj Kumar Gupta (नीरजकु ा
सूचनाआयु )
Information Commissioner (सू
दनांक / Date : 13-12-2021
Authenticated true copy
(अिभ मािणतस#यािपत ित)
S. C. Sharma (एस. सी. शमा ),
Dy. Registrar (उप-पंजीयक),
(011-26105682)
Addresses of the parties:
1. CPIO
O/o. the Chief Commissioner CGST & CX,
Ranchi Zone, CR Building,
Veer Chand Patel Path, Patna, Bihar-800001
2. Mr. Mukesh Kumar
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