Central Information Commission
Nawal Kishore Sharma vs Chief Commissioner Of Income Tax (Cca) , ... on 26 April, 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/CCAKP/A/2020/129982 &
CIC/CCAKP/A/2020/131588
Nawal Kishore Sharma . .....अपीलकता /Appellant
VERSUS
बनाम
CPIO,
O/o the Income Tax officer,
Ward-3(4)(5), Hathras, Mathura
Road, Hathras, District-Maha Maya
Nagar, Uttar Pradesh - 281004. .... ितवादीगण /Respondent
Date of Hearing : 24/02/2022
Date of Decision : 22/04/2022
INFORMATION COMMISSIONER : Saroj Punhani
Note: The above referred Appeals have been clubbed for decision as these are
based on the same RTI Application.
Relevant facts emerging from appeal:
RTI application filed on : 19/06/2020
CPIO replied on : 08/07/2020 & 20/07/2020
First appeal filed on : Dated Nil
First Appellate Authority order : Not on record
1
2nd Appeal/Complaint dated : 30/09/2020 & 07/10/2020
Information sought:
The Appellant filed an RTI application dated 19.06.2020 with O/o Pr. DIT(Inv.), Kanpur seeking the following information:
The CPIO transferred the RTI application on 08.07.2020 to the CPIO/Office of the Head Commissioner of Income Tax, Civil Lines, Maries Road, Aligarh under section 6(3) of the RTI Act, 2005 for providing the information directly to the appellant.2
Subsequently, CPIO/Office of the Head Commissioner of Income Tax, Civil Lines, Maries Road, Aligarh transferred the RTI application on 20.07.2020 to the CPIO/ Income Tax Officer, Ward 3(4)(5) under section 6(3) of the RTI Act, 2005 for providing the information directly to the appellant.
Being dissatisfied, the appellant filed a First Appeal dated Nil. 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. (Remained unavailable for the audio conference at the time of hearing but contacted the registry attached with this bench subsequently and argued that he has not received the desired information except on point 7 of the RTI Application and he is being misled by the authorities since the assessing officer in this case should be Hathras and not Kanpur. He also insisted vehemently on imposition of penalty on the CPIO for the delay in providing the desired information) Respondent: Shiv Kumar, ITO & CPIO present through audio conference.
The CPIO submitted that the RTI Application was disposed of from their end on 06.08.2020. He further stated that the averred TEP was transferred to the concerned Range upon reorganisation of jurisdiction and further status of the TEP can be accessed therefrom.
Decision:
The Commission based on a perusal of the facts on record observes that a proper and cogent reply to the RTI Application has not been provided to the Appellant till date by the CPIO except informing him about the factum of reorganisations and forwarding of the RTI Application.
Now, therefore the CPIO is directed to revisit the RTI Application and provide a point-wise reply to the Appellant incorporating the available and specific information, free of cost, indicating the status of action taken on the averred 3 complaints as well as their outcome, if any. The CPIO shall also categorically state the unavailability of information wherever applicable.
The above direction shall be complied with by the CPIO within 15 days from the date of receipt of this order under due intimation to the Commission.
The CPIO is also directed to show-cause as to why no proper reply was provided to the Appellant within the stipulated time frame of the RTI Act on the instant RTI Application. The written submissions of the CPIO to this effect shall reach the Commission within 15 days from the date of receipt of this order, failing which, action under Section 20 of the RTI Act may be initiated in the matter.
The appeal(s) are 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 / 4