Ashish Jain vs Chief Commissioner Of Customs, Delhi ... on 8 December, 2020

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Central Information Commission

Ashish Jain vs Chief Commissioner Of Customs, Delhi ... on 8 December, 2020

Bench: Neeraj Kumar Gupta

                              के   ीय सूचना आयोग
                       Central Information Commission
                          बाबा गंगनाथ माग, मुिनरका
                        Baba Gangnath Marg, Munirka
                        नई द ली, New Delhi - 110067

ि तीय अपील सं या/Second Appeal No. CIC/CCCDZ/A/2019/114107

Ashish Jain                                               ... अपीलकता/Appellant
                                   VERSUS
                                    बनाम
CPIO, O/o. the Assistant                                  ... ितवादी/Respondent
Commissioner of Customs, New
Delhi.

Relevant dates emerging from the appeal:

RTI : 11.12.2018           FA     : 25.01.2019          SA : 28.03.2019

CPIO : 08-01-2019          FAO : 07.03.2019             Hearing: 26-11-2020

                                  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 Commissioner of Customs, New Delhi seeking following information:-

1. Copy of complete file along with order sheets pertaining to the following:-

Case No. VIII(AP)10/P&I/1830-D/Arrival/2017 including but not limited to A. Detention certificate for Gold dated 23.12.2017. B. Record of body/baggage search of Sh Ram Chandra conducted on 23.12.2017.

C. Requisioning and correspondences exchanged with the appraiser who was assigned the inspection of the detained/seized gold on dt. 23.12.2017.

D. Notings on Departmental file regarding the authorizations of search conducted at the jeweler shop, M/s Caratz, Centre Stage mall, NOIDA on dt. 23.12.2017, upto copy of report submitted in relation thereto. Etc."

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2. The CPIO responded on 08-01-2019. The appellant filed the first appeal dated 25.01.2019 which was disposed of by the first appellate authority on 07.03.2019. Thereafter, he filed a second appeal u/Section 19(3) of the RTI Act before the Commission requesting to take appropriate legal action against the CPIO u/Section 20 of the RTI Act, 2005 and also to direct him to provide the sought for information.

Hearing:

3. The appellant, Mr. Ashish Jain attended the hearing through audio conferencing. Mr. Vikram Vijay Waner, CPIO participated in the hearing representing the respondent through audio conferencing. The written submissions are taken on record.

4. The appellant stated that the sought for information should be provided to him.

5. The respondent submitted that in compliance of the 1st appellate authority's order dated 07-03-2019, they have already provided the requisite information to the appellant vide their letters dated 16.04.2019, 04.07.2019 & 13.05.2019. The respondent further submitted as follows:-

"a. The information in respect of points 1(Q) to 1(V) raised in the RTI application dated 11.12.2018 was sent to Sh Ashish Jain vide letter dated 16.04.2019 by Assistant Commissioner (Administration). b. The information in respect of points 1(F) and 1(0) were sent to Sh Ashish Jain by Regional Director, BCAS, Delhi region vide letter dated 04.07.2019.

C. The information i.e. copy of the notesheet pages and correspondence pages of file VIII(AP)10/P&1/1830-D/Arrival/2017 as per the direction in the Order-in-Appeal dated 07.03.2019 was sent to Sh Ashish Jain by Assistant Commissioner(Shift-D), IGI Airport vide letter dated 13.05.2019.

d. In respect of Point 1(E) the documents mentioned are already returned back in original to Sh Ashish Jain with acknowledgement dated 19.05.2019"

Decision:

6. This Commission observes that due information, as available in records, has been provided to the appellant vide letters dated 16.04.2019, 04.07.2019 & 13.05.2019. Hence, no further intervention of the Commission is required in the matter.

7. With the above observations, the appeal is disposed of.

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8. Copy of the decision be provided free of cost to the parties.

नीरज कु मार गु ा) Neeraj Kumar Gupta (नीरज ा सूचना आयु ) Information Commissioner (सू दनांक / Date:26-11-2020 Authenticated true copy (अिभ मािणत स यािपत ित) S. C. Sharma (एस. सी. शमा), Dy. Registrar (उप-पंजीयक), (011-26105682) Addresses of the parties:

1. The CPIO O/o. the Assistant Commissioner of Customs RTI Cell, Airport & General, IGI Airport T-3 New Delhi-110037

2. Shri Ashish Jain Page 3 of 3

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