Central Information Commission
Mangesh Joshi vs Pr.Chief Commissioner Of Income Tax ... on 4 December, 2020
Author: Neeraj Kumar Gupta
Bench: Neeraj Kumar Gupta
के य सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मु नरका
Baba Gangnath Marg, Munirka
नई द ल , New Delhi - 110067
शकायत सं या / Complaint No. CIC/CCITP/C/2019/636628
Mangesh Joshi ... शकायतकता/Complainant
VERSUS
बनाम
... तवाद /Respondent
The CPIO
O/o. the Pr. Commissioner of Income tax
Nodal CPIO, RTI Cell, Aayakar Bhawan
Hotagi Road, Solapur, Maharashtra-413003
Relevant dates emerging from the appeal:
RTI : 12.02.2019 FA : N.A. SA : 24.03.2019
CPIO : N.A. FAO : N.A. Hearing: 20-11-2020
ORDER
1. The complainant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO) O/o. the Pr. Commissioner of Income tax, Nodal CPIO, RTI Cell, Aayakar Bhawan, Hotagi Road, Solapur, Maharashtra seeking information regarding total taxes paid during FY-2016-17 by 3 persons as mentioned in the RTI application and details of action going on against these three persons for evasion of taxes, etc.
2. Being aggrieved with the reply given by the respondent, the complainant filed a complaint u/Section 18 of the RTI Act before the Commission requesting to take appropriate legal action against the CPIO u/Section 20 of the RTI Act.
Page 1 of 5Hearing:
3. The complainant was not present despite notice. The respondent, Shri P M Binu, CPIO attended the hearing through audio-call.
4. The complainant submitted his written submissions dated 10.11.2020 and the same has been taken on record. The respondent submitted their written submissions dated 12.11.2020 and the same has been taken on record.
5. The respondent submitted that as per the complaint filed u/s 18 of RTI Act, 2005 by Shri. Mangesh Joshi, Solpaur, it is stated by Shri. Mangesh Joshi that he had filed RTI application on 12-2-2019 through email to the CPIO, Joint Commissioner of Income Tax, Solapur but the CPIO has not provided the reply. In this regard, it is submitted the Addl. CIT, Range-1, Solapur has transferred the RTI application dated 12-2-2019 u/s 6(3) of the RTI Act, 2005 through official email on 8-11-2020. From the email message it is informed by the Addl.CIT,Range-1, Solapur as under:-
"Please find enclosed herewith the RTI application dated 12-2-2019 filed by Shri. Mangesh Joshi, of Solapur. The applicant has filed complaint before CIC and hearing is fixed on 20-11-2020. The notice of hearing is received in the office of Addl.CI, Range-1, Solapur on 2-11-2020. The copy of this notice is handed over to me by my predecessor on 4-11-2020 when I have taken over the charge of Addl.CIT, Range-1, Solapur. The applicant has claimed that he had filed RTI application to Joint CIT, Range-1, Solapur on 12-2-2019 which remained uncomplied and hence he has filed complaint before the Hon'ble CIC for imposing penalty. However on verification of the record of RTI applications received online/offline and the official email of Joint CIT, Range-1, Solapur, it is found that RTI application was not received on 12-2-2019 or subsequently till the date. Therefore the Dy. Registrar of CIC was requested to provide copy of complaint and RTI application dated 12-2-2019 through email dated 5-11-2020 and on the same day the copies are provided on email. On going through the RTI application dated 12-2-2019, it is seen that the applicant has asked for information of 3 persons. The matter was discussed with you telephonically and it is informed by you that out 3 persons whose information is sought in RTI application, PAN of one person is in your jurisdiction and the address of second person falls in your territorial jurisdiction. In respect of third person, namely Shri. Vilas Govind Kulkarni, it is informed by you that the PAN jurisdiction of the said person is with ITO Ward 28(3)(4),Mumbai.Page 2 of 5
Therefore the RTI application is forwarded to you and ITO Ward 28(3)(4), Mumbai for necessary action. Please note that submission in response to hearing notice dated 23-10-2020 issued by Hon'ble CIC, New Delhi, is to be uploaded before 13-11-2020 i.e. before 7 days from the date of hearing i.e. 20-11-2020."
The respondent further submitted an attempt was made to find out the PAN numbers of the above persons and the details of jurisdictional AO. It is noticed that the PAN number in the name of Vikrant Jadhav could not be identified based on the given information. However the territorial jurisdiction over this case is falls with ITO Ward 1(1), Solapur. In the case of Gangadhar Siddhappa Chivadshetty, the PAN number is AYKPC5497R and the AO is ITO Ward 1(1), Solapur. In the case of Vilas Govind Kulkarni the PAN number AADPK4752G is and the AO is ITO Ward 28(3)(4), Mumbai. Since the details provided in the case of Vikrant Jadhav were insufficient to trace out his PAN, a communication was sent by him to the applicant by the undersigned through official e-mail on 09-11-2020 requesting him to provide the full name of Shri Vikrant Jadhav. The applicant was also requested to provide the details of email on which he had sent the RTI application on 12-2-2019. Though the above e-mail was delivered on 9-11-2020 on the applicant's e-mail id as per electronic records, no response has been received from him till 12/11/2020. The respondent further reiterated that the RTI application was not received by the erstwhile Joint CIT, Income Tax Department, Solapur on official email and the applicant also has not submitted any evidence thereof in response to request made by the present CPIO.
Decision:
6. The Commission, after hearing the submissions of both the parties and after perusal of records, observes that the respondent has informed that the RTI application of the complainant was not received in their office. The respondent submitted that as soon as they came to know about the present RTI application, on 12.11.2020, reply/information has been provided to the complainant.
7. This Commission further observes that while examining the complaint under Section 18 of the RTI Act, 2005, the CIC has no jurisdiction to direct disclosure of any information. This legal position has been authoritatively settled by the Hon'ble Supreme Court of India in Chief Information Commissioner and Another v. State of Manipur and Anr. in Civil Appeal Nos. 10787-10788 of Page 3 of 5 2011 dated 12-12-2011. The relevant extract of the said decision is set down below:-
"30. It has been contended before us by the respondent that under Section 18 of the Act the Central Information Commission or the State Information Commission has no power to provide access to the information which has been requested for by any person but which has been denied to him. The only order which can be passed by the Central Information Commission or the State Information Commission, as the case may be, under Section 18 is an order of penalty provided under Section 20.
However, before such order is passed the Commissioner must be satisfied that the conduct of the Information Officer was not bona fide.
31. We uphold the said contention and do not find any error in the impugned judgment of the High court whereby it has been held that the Commissioner while entertaining a complaint under Section 18 of the said Act has no jurisdiction to pass an order providing for access to the information."
8. The Commission directed the respondent to give an affidavit to the complainant that no RTI application dated 12.02.2019 has been received in their office. A copy of affidavit should also be given to the Commission, within a period of 15 days from the date of receipt of this order.
9. With the above observations, the complaint is disposed of.
10. Copy of the decision be provided free of cost to the parties.
नीरज कुमार गु$ता)
Neeraj Kumar Gupta (नीरज ता
सूचना आय%
Information Commissioner (स ु त)
त
दनांक / Date:20-11-2020
Authenticated true copy
(अ भ मा(णत स*या+पत त)
S. C. Sharma (एस. सी. शमा),
Dy. Registrar (उप-पंजीयक),(011-26105682)
Page 4 of 5
Addresses of the parties:
1. The CPIO
O/o. the Pr. Commissioner of Income tax
Nodal CPIO, RTI Cell, Aayakar Bhawan
Hotagi Road, Solapur, Maharashtra-413003
2. Shri Mangesh Joshi
Page 5 of 5