Central Information Commission
Kandamuri Kusama Nagendra Prasad vs Directorate General Of Foreign Trade on 14 July, 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/2021/137717
Kandamuri Kusama Nagendra Prasad ......अपीलकता /Appellant
VERSUS
बनाम
CPIO,
Directorate General of Foreign
Trade, RTI Cell, Udyog Bhawan,
H-Wing, Gate No. 2, Maulana Azad
Road, New Delhi - 110011. .... ितवादीगण /Respondent
Date of Hearing : 12/07/2022
Date of Decision : 12/07/2022
INFORMATION COMMISSIONER : Saroj Punhani
Relevant facts emerging from appeal:
RTI application filed on : 24/05/2021
CPIO replied on : Not on record
First appeal filed on : 20/07/2021
First Appellate Authority order : Not on record
2nd Appeal/Complaint dated : 04/09/2021
Information sought:
The Appellant filed an RTI application dated 24.05.2021 seeking the following information:
"1. Please furnish details of procedure with copies and list of documents with copies those are required for to obtain license for Import Export Code certificate pertaining to import of River Sand from you.1
2. Please furnish names of firms, contractors, companies, individuals etc. with copies those applied for to obtain Import Export. Code Certificates from you for import of River Sand from other countries to India.
3. Please furnish details with copies to those firms that Import Export Code Certificates issued by you from to import of. River Sand from other countries to India."
Having not received any response from the CPIO, the appellant filed a First Appeal dated 20.07.2021. 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: Raj Kamal, Dy. Director (EG & TF Div.) and CPIO present through intra- video conference.
The CPIO invited attention of the bench towards his written submission dated 08.07.2022 wherein it was mentioned that the instant RTI Application was received in their office on 01.06.2022 through Online portal and the same was replied within the time frame on 29.06.2021 through Online, giving relevant information coupled with specific hyperlink from where the details of procedure for obtaining IEC could be accessed. It was further submitted by the CPIO that physical copy of the reply could not be dispatched to the Appellant at that time owing to challenges during the COVID pandemic; however, upon receipt of the hearing notice, a copy of the reply along with FAA's order dated 26.08.2021 has already been forwarded to the Appellant through speed post on 04.07.2022 Decision:
The Commission upon a perusal of records finds no infirmity in the reply and subsequent clarifications provided by the CPIO through latest written submission; adequately suffices the information sought by the Appellant in terms of RTI Act.
Moreover, the Appellant did not avail the opportunity to plead his case or contest CPIO's submission despite receipt of the hearing notice.2
In view of the above, no further intervention of the Commission is warranted 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