Central Information Commission
Mrh L Saini vs Cbec on 3 June, 2014
CENTRAL INFORMATION COMMISSION
Room No. - 308, 2nd Floor, August Kranti Bhawan,
Bhikaji Cama Place, New Delhi - 110066.
Website: cic.gov.in
File No. CIC/SS/A/2012/003764
Appellant : Shri H L Saini
DC Customs (Retd.),
H. No. B-XXII/67/3, Saingarh,
Pathankot, Punjab-145001
Public Authority : The Asstt. Commissioner & CPIO
O/o. theAsstt. Commissioner of Customs,
Container Fright (PSWC), Ludhiana, Punjab
Date of Hearing : 03.06.2014
Date of Decision : 03.06.2014
Presence:
Appellant : Shri H L Saini
CPIO : Ms. Varinder Kaur, Deputy Commissioner & CPIO
FACTS:
1. Vide RTI application dated 23.07.2012, the appellant sought information on the one issue.
2. CPIO, vide its response dated 17.09.2012 & 21.09.2012 allegedly provided the information to the appellant.
3. The First Appeal (FA) was filed on 04.09.2012, as the desired information was not provided.
4. First Appellate Authority (FAA), vide its order dated 27.09.2012, upheld the decision of CPIO.
5. Grounds for the Second Appeal filed on 20.10.2012, are contained in the Memorandum of Appeal.
6. HEARING Respondents as well as appellant appeared before the Commission personally and made the submissions at length.
DECISION It would be seen here that the appellant, vide his RTI Application dated 23.07.2012, sought some information from the respondents on sole issue as contained therein. Respondents vide their response dated 17.09.2012 & 21.09.2012, provided the required information to the appellant. Being aggrieved by the aforesaid response, FA was filed by the appellant on 04.09.2012 before the FAA, who vide his order dated 27.09.2012, upheld the decision of CPIO. Hence, a Second Appeal before this Commission.
2. The Commission heard the submissions made by appellant as well as respondents at length. The Commission also perused the case-file thoroughly; especificaly, nature of issues raised by the appellant in his RTI application dated 23.07.2012, respondent's response dated 17.09.2012 & 21.09.2012, FAA's order dated 27.09.2012 and also the grounds of memorandum of second appeal.
The Commission is of the considered view that there is no legal flaw either in CPIO's response or FAA's order. Therefore, the CPIO's response dated 17.09.2012 & 21.09.2012 and FAA's order dated 27.09.2012 are hereby upheld being legally tenable. In view of this, the appellant's second appeal deserves to be dismissed. Therefore, it is dismissed.
The appeal is dismissed accordingly.
Sd/-
(M.A. Khan Yusufi) Information Commissioner Copy of this Decision be given free of cost to the parties.
Authenticated true copy (K. L. Das) Deputy Registrar
1. Ms. Varinder Kaur, Deputy Commissioner & CPIO O/o. The Asstt. Commissioner of Customs, Container Fright (PSWC), Ludhiana, Punjab
2. Shri H. L. Saini DC Customs (Retd.), H. No. B-XXII/67/3, Saingarh, Pathankot, Punjab-145001