Central Information Commission
Shri S.P. Goyal vs Cit (Appeals) Xii, Mumbai on 27 March, 2009
CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No. CIC/S/A/2009/00099
Appellant : Shri S.P. Goyal
Public Authority : CIT (Appeals) XII, Mumbai
(through Shri L.C. Joshi, CIT (Appeal-XII),
Mumbai)
Date of Hearing : 27.3.2009
Date of Decision : 27.3.2009
Facts
By his letter of 27.6.2008, the appellant had requested for photo copies of 208 pages relating to File No. CIT(A)XII IT-48/12(2)(1)/05-06.
2. Vide his order dated 29.7.2008, CIT (Appeals) XII, Mumbai had ordered to provide copies of the documents at 'further fee' of Rs. 50/- per page. He had also mentioned in the order that this was based on CIC order F.No. CIC/AT/C/2007/00282 (Shri S.P. Goyal Vs Shri V.K. Singhal, CIT- XII).
3. The Appellate Authority had upheld the decision of the CPIO without assigning any definitive reasons.
4. The present appeal is directed against the order of the CPIO/AA.
5. The matter was heard on 27.3.2009. The appellant appeared before the Commission. The public authority is represented by the officer named above. It is the submission of the appellant that excessively high fee at the rate of Rs. 50/- per page has been ordered to be charged from him without any justification and essentially with the objective of denying him the information. He also strongly pleads for compensation under section 19 (8) (b) of the RTI Act. He also pleads that inquiry may be conducted by the Commission in terms of section 18 (1) (d) of the RTI Act.
6. On the other hand, it is the submission of Shri Joshi that 'further fee' has been ordered to be charged on the basis of extra efforts involved in fishing out information from old records and preparing copies thereof.
7. On careful perusal of the orders of CPIO and the Appellate Authority, it is noticed that no reasoning has been given in these orders for working out the cost @ Rs. 50/- per page. It is, no doubt, true that some extra effort is involved in providing the information to the appellant but it is to be noted that the Central Government, considering all the relevant factors, has prescribed a fee of Rs. 2 per page. It, thus, appears to me that 'further fee' should be an exception and not a rule and even if 'further fee' is justified in certain cases, it cannot be 25 times the fee prescribed by the Central Government, particularly when the impugned orders do not contain any justification for it. I may also observe that the CIC decision referred to above is case-specific and has no universal applicability.
DECISION
8. In view of the above, the orders of CPIO and the Appellate Authority are set aside. The CPIO is hereby directed to provide copies of the documents to the appellant at the rate of Rs. 2/- per page. However, no case for compensation is made out.
Sd/-
(M.L. Sharma) Central Information Commissioner Authenticated true copy, Additional copies of orders shall be supplied against application and payment of the charges, prescribed under the Act, to the CPIO of this Commission (K.L. Das) Assistant Registrar Copy to :-
Shri S.P. Goyal with reference to his No. SPG/2008/S.No.747/3773 dated 1.11.2008.