Sunil Kumar Khandelwal vs Ministry Of Commerce & Industry on 16 November, 2022

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Central Information Commission

Sunil Kumar Khandelwal vs Ministry Of Commerce & Industry on 16 November, 2022

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/MOCMI/A/2021/135872

Sunil Kumar Khandelwal                                  ......अपीलकता /Appellant

                                      VERSUS
                                       बनाम


CPIO,
Ministry of Commerce &
Industry RTI Cell, Udyog
Bhawan, New Delhi-110011                           .... ितवादीगण /Respondent

Date of Hearing                   :   14/11/2022
Date of Decision                  :   14/11/2022

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             :   05/07/2021
First Appellate Authority order   :   Not on record
2nd Appeal/Complaint dated        :   27/08/2021



Information sought

The Appellant filed an RTI application dated 24.05.2021 seeking the following information:

Having not received any response from the CPIO, the appellant filed a First Appeal dated 05.07.2021. 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: Present through video-conference.

Respondent: Sunil Rawat, SSO & CPIO, DGFT present through intra-video conference.

The Appellant while reiterating the contents of RTI Application expressed his dissatisfaction with the fact that no reply has been received from the CPIO except for a letter dated 02.11.2022 from the Ministry Of Commerce stating that they have transferred the RTI Application to CPIO, DGFT for providing the information to the Appellant.

In response to it, the CPIO invited attention of the bench towards his written submission dated 13.10.2022, relevant extracts of which are as under -

"xxxxxxxxxxx 2

1. The said RTI application dated 05.07.2021 not received in DGFT.

2. Shri Sunil Kumar Khandelwal has appealed under the RTI Act-2005 and requested to provide the information as per the RTI First Appeal Registration No. DGOFT/A/P/21/00007 dated 28-07-2021. Text of Appeal - Request to provide information sought in RTI application. Reply of Appeal given by FAA dated 29-07-

2021- Dear Sir, Inconvenience caused is deeply regretted. It is informed that Trade data is processed from database on the basis of ITC-HS code. Commodity-wise and Country-wise export/import data are now readily available in terms of quantity and value in the public domain i.e. Department of Commerce website. Which can be retrieved without compromising the laid down rules and statutory provisions from the Link : https://tradestat.commerce.gov.in/eidb/default.asp.

3. In this regard, it is to be informed that the information sought by the applicant has been attached...."

To a query from the Commission, the Appellant denied the receipt of the averred written submission. In response to it, the CPIO at the behest of the Commission agreed to share a copy of the same with the Appellant through email at [email protected].

Decision:

The Commission at the outset considering the submission of the CPIO, DGFT hereby directs him to file an affidavit with the Commission with a copy of it duly endorsed to the Appellant deposing categorically that the original RTI Application was never received in their office. The above said direction should be complied by the CPIO within 15 days from the date of receipt of this order.

Further, the Commission finds no infirmity in the reply provided by the CPIO now as it found to be in consonance with the provisions of RTI Act.

However, considering the hearing proceedings, the CPIO is directed to provide a copy of his written submission dated 02.11.2022 along with enclosures, free of cost to the Appellant through speed post and also via email within 2 days from the date of receipt of this order under due intimation.

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

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