Central Information Commission
Mr.R. Shunmugam vs Cbdt on 24 August, 2011
1
Central Information Commission
Room No.307, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama
Place, New Delhi110066
Telefax:01126180532 & 01126107254 websitecic.gov.in
Adjunct to Appeal : No. CIC/DS/A/2010/001787
Appellant /Complainant : Sh. R. Shanmugam,
Chennai
Public Authority : Income Tax Department,
Chennai
(Mrs. TVP Lata, CPIO and Sh.
Vijay
Kumar, AAthrough
videoconferencing)
Date of Hearing : 24 August 2011
Date of Decision : 24 August 2011
Facts:
1. Further to Commission's order dated 19 April 2011 and 25 May 2011, the matter was heard once again today to review compliance and also to afford opportunity of personal hearing to the CPIO before taking a decision on imposing of penalty on him for not having complied with the provisions of the RTI Act in responding to the appellate's RTI application.
2. Matter was heard today through videoconferencing from Chennai where both parties were represented as above.
3. Appellant stated that he had received reply from ITO, Business Ward VII (4) dated 5 January 2011 vide which disclosure of information was denied under the provisions of section 8 (1)(d) and (j) of the RTI Act. He had made appeal before the 1st appellate authority namely, Additional CIT, who had, vide his response dated 28 June 2011 informed the appellant that after taking action as prescribed under section 11(1) of the Act, decided in favour of upholding the order of the CPIO. Respondent stated that the matter pertained to thirdparty and that the RTI application was more in the nature of TEP.
Decision notice Adjunct to Appeal : No. CIC/DS/A/2010/001787 2
4. After hearing both parties Commission is satisfied that no further action is required to be taken by the respondent with regard to providing of information. However it is also noted that due to lack of clarity regarding the jurisdiction of the matter - even if as per the averments of the respondent that the subject matter was scattered across the jurisdiction of several ITOs /Assistant CITs under the CCIT (CCA) is taken into account - the RTI application dated 15 February 2010 has finally been responded to by the dealing CPIO/ITO as late as 5 January 2011 and by the 1st appellate authority on 28 June 2011. This does not present a satisfactory picture of the manner in which the RTI regime is implemented within the jurisdiction of CCIT (CCA), Chennai. The RTI application which was received by CC
- I, Chennai was forwarded to ITO Range XIII (3) who forwarded it to CIT IX who forwarded it to Business Ward X (4) who forwarded it to Business Ward VI(3) who forwarded it to Assistant Commissioner of Income Tax Headquarters of CCIT II floor made it was forwarded to business range VI who finally forwarded it to business Ward VII (4).
5. Under the powers given to the Commission under section 19 (8) (a) the Commission directs CCIT - II, Chennai to take appropriate steps to mark the territorial jurisdiction of the various officers under him for handling RTI applications within the timeframe prescribed under the RTI act and issue appropriate orders in this regard. It is a matter of concern that even after 6 years of the passing of this transparency legislation, appropriate steps have not been taken to put in place a strong infrastructure to implement the provisions of this Act as a as a result of which the RTI application has been tossed around without any concern for adhering to the timeline prescribed under the Act. Al copy of this order is also being forwarded to Chairman, CBDT.
6. In order to compensate the appellant for the harassment caused to him due to inordinate delay in providing reply to him by the respondent, Commission directs respondent to compensate him with payment of Adjunct to Appeal : No. CIC/DS/A/2010/001787 3 Rs. 2000 (Rupees Two thousands ) only which amount will be paid to him within 2 weeks of receipt of this order.
7. Respondent CPIO is also directed to forward the RTI application which as per the averments is in the nature of TEP, within 2 weeks of receipt of the order to the concerned officers of the Department with directions to take suitable action as per the law.
(Smt. Deepak Sandhu) Information Commissioner (DS) Authenticated true copy:
(T. K. Mohapatra) Under Secretary & Dy. Registrar Tel. No. 01126105027 Copy to:
1. Shri R.Shanmugam # 6/5, Muthiah Chetty East Lane Old Washermenpet Chennai600021 (T.N.)
2. Smt. TVP Latha The CPIOcumACIT The Income Tax Department 121, M.G. Road, Chennai600034 (T.N.)
3. Sh.A.Vijaykumar The Appellate Authority Income Tax Department Company Circle V(2), Chennai600034 (T.N.)
4. The Chairman CBDT, North Block, New Delhi.
Adjunct to Appeal : No. CIC/DS/A/2010/001787