Central Information Commission
Mr.Paras Nath Singh vs Cbdt on 12 November, 2012
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi-110067
Tel: +91-11-26105682
File No.CIC/DS/A/2011/003377/RM
File No.CIC/DS/A/2011/003607/RM
Appellant: Shri Paras Nath Singh,
Aligarh
Public Authority: CBDT, New Delhi
Date of Hearing: 10.10.2012
Date of decision: 12.11.2012
Heard today, dated 10.10.2012 through video conferencing.
Appellant is present.
The Public Authority is represented by Shri P.S.Sivasankaran, Under
Secretary, FT&TR-III(2)/CPIO, Deptt of Revenue, MoF.
The above parties were heard and records perused.
FACTS
Vide RTI dt 5.7.11, appellant had sought information regarding illegal accounts of Indians in Liechtenstein, obtained from the German government and steps taken by GoI to deal with black money.
2. CPIO vide letter dt 25.7.11, provided a point wise response.
13. An appeal was filed on 28.7.11.
4. AA vide order dt 2.8.11 upheld the decision of the CPIO.
5. Not satisfied with the response, he filed the present appeal.
6. Submissions made by the appellant and public authority were heard. The appellant in support of his argument in relation to point no.1, referred to Supreme Court decision dt 4.7.11, w/p (civil)176 of 2009, Ram Jethmalani Vs Union of India, and held that exemption under Section 8(1)(a) and (f) as claimed by the CPIO is not tenable. He also made a reference to CIC decisions (appeal OK/C/2008/00897 dt 15.7.11) supporting his argument. The CPIO submitted that the government has filed a modification petition which is pending in the Supreme Court. The appellant has been directed to provide his written submissions within ten days.
The hearing is adjourned.
Sd/-
(Rajiv Mathur) Central Information Commissioner 12.11.12
7. Since the subject matter of appeals bearing nos. 3377 and 3607 is same, both are being clubbed together. The written submissions of the appellant and the respondents have since been received and perused.
8. The public authority has brought to the notice of the Commission para 79(IV) of the judgement dt 4.7.11 of Hon'ble Supreme Court in W.P. (Civil) 176 of 2009 titled Ram Jethmalani & Ors Vs Union of India which reads as follows:
"That the special investigation, constituted pursuant to the orders of today by this court, shall take over the matter of investigation of the individuals whose names have been disclosed by Germany as having accounts in Banks in Liechtenstein and expeditiously conduct the same. The Special Investigation Team shall review the concluded matters also in this regard to assess whether investigations have been thoroughly and properly conducted or not, and on coming to the conclusion that there is a need for further investigation shall proceed further in the matter. After conclusion of such investigation by Special Investigation 2 Team, the respondents may disclose the names with regard to whom show cause notices have been issued and proceedings initiated."
9. The public authority has also submitted that Union of India has moved application for seeking recall and or modification of orders dt 4.7.11.
DECISION
10. Since the information sought by the appellant is subjudice, the appeal is dismissed.
Sd/-
(Rajiv Mathur) Central Information Commissioner Authenticated true copy forwarded to :
Paras Nath Singh, H. No. S/13, Banna Devi, G.T. Road, Aligarh - 202 004 The Under Secretary(Inv.I) & CPIO Deptt. Of Revenue, Min.of Finance, CBDT, North Block, New Delhi - 110 001 The Director & FAA (RTI Cell), Deptt. Of Revenue, Min.of Finance, CBDT, Room No. 243-F, North Block, 3 New Delhi - 110 001 (Raghubir Singh) Deputy Registrar .11.2012 4