Central Information Commission
Shivaraj vs Directorate General Of Systems & Data ... on 6 March, 2023
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/DGSDM/A/2022/627268
Shivaraj अपीलकता /Appellant
VERSUS
बनाम
CPIO,
Directorate General of Systems
& Data Management, RTI Cell,
Hotel Samrat, 4th and 5th Floor,
Chanakyapuri, New Delhi- 110021. ितवादीगण /Respondent
Date of Hearing : 02/03/2023
Date of Decision : 02/03/2023
INFORMATION COMMISSIONER : Saroj Punhani
Relevant facts emerging from appeal:
RTI application filed on : 23/03/2022
CPIO replied on : 21/04/2022
First appeal filed on : 21/04/2022
First Appellate Authority order : 12/05/2022
2nd Appeal/Complaint dated : 17/05/2022
Information sought:
The Appellant filed an RTI application dated 23.03.2022 seeking the following information:
"........ number of bitcoin miners or in general crypto currency miners imported, the source, the airport/port where it landed , hs code/tariff item code 1 and the total duty/ CTH levied on them in the year 2017, 2018 and 2019. You can reply with format as shown in attachment"
The CPIO furnished a reply to the appellant on 21.04.2022 stating as under:
"In this regard, the data of total no. of bitcoin miners imported or cryptocurrency miners imported is not available in this office."
Being dissatisfied, the appellant filed a First Appeal dated 21.04.2022. FAA's order, dated 12.05.2022, upheld the reply of CPIO.
Feeling aggrieved and dissatisfied, the appellant approached the Commission with the instant Second Appeal on the ground of non-receipt of desired information.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Not present.
Respondent: H. K. Bajpai, Assistant Director & CPIO present in person.
The CPIO relied on his written submission dated 23.02.2023 and submitted as under -
"xxx
8. .....that EDW (Electronic Data Warehouse) vertical is custodian of customs data under Directorate General of Systems of CBIC. It is only custodian of CBTC's electronic data of EDI Port only and no manual data is included in it. It is custodian of CBIC's data in its fiduciary capacity. Further the methodology and procedure adopted to extract the data is maintained by EDW. The CPIO provides the information to the RTI Applicant as it is made available by the concerned vertical. In the present case, information sought by the applicant was not available with this Directorate.
9. Regarding the remaining points mentioned in the appeal dated 17.05.2022, it is to submit that the same were not mentioned in the original RTI application...."
Decision:
The Commission observes from a perusal of records that the core contention raised by the Appellant in the instant Appeal was non-receipt of relevant 2 information. In response to which, the CPIO explained in a categorical manner the factum of non-availability of records either in his office or with the actual custodian of data which is EDW wing.
In this regard, the Commission finds no infirmity in the factual reply provided by the CPIO as it was in consonance with the provisions of RTI Act.
Moreover, the Appellant did not avail of the opportunity to plead his case or contest CPIO's submission. Thus, no scope of further relief lies in the matter.
The appeal is disposed of accordingly.
Saroj Punhani (सरोज पुनहािन) हािन) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / 3