Central Information Commission
Mr. Ranbir Singh vs Government Of Nct Of Delhi on 7 December, 2012
In the Central Information Commission
at
New Delhi
File No: CIC/SG/A/2010/002711
Date of Hearing : December 7, 2012
Date of Decision : December 7, 2012
Videoconference
Parties:
Appellant
Shri Ranbir Singh
15C, Green View Apartments
80 SFS Flats
Hari Nagar
New Delhi 64
The Appellant was present.
Respondents
Department of Trade & Taxes
Government of NCT of Delhi
Office of the Special Commissioner (II)
Room No. 201, Vyapar Bhavan
I P Estate
New Delhi
Represented by: Shri A.K. Bhardwaj, AVATO
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/SG/A/2010/002711
ORDER
Background
1. The Applicant filed his RTIapplication (dated 26.06.2010) with the PIO, Department of Trade & Taxes, GNCTD, New Delhi seeking certain information (like, action taken report and if no action has been taken, reasons for the same; recovery amount; amount of penalty imposed, if any etc.) about the processing of his letter dated 17.04.2010 by which he had complained against a firm, namely, M/s ASBA for tax evasion. The PIO cum VATO Ward 106 replied to this application on 20.07.2010 informing the Applicant that his letter dt.17.4.10 is under consideration. The Applicant, being aggrieved with the PIO's reply, filed his first appeal with the Appellate Authority on 27.07.2010. He, however, did not receive any reply from the Appellate Authority and thus filed the present petition before the Commission on 18.12.2010 alleging that information given to him by the PIO is not correct.
Decision
2. During the hearing, Shri A.K Bhardwaj, AVATO--representing the Respondent Public Authority-- stated that they have not received the first appeal from the Appellant and that the Appellant has already been informed that his TEP is under consideration. The Appellant stated that he had sent the appeal by speed post and that he is also having the proof of the appeal having been delivered in the office of the public authority.
3. The Appellate Authority, in view of the Appellant's insistence that his first appeal had indeed been received in the office of the Public Authority and that the FAAis deliberately withholding information from him under the pretext that the appeal has not been received, is directed to enquire into the whereabouts of the first appeal, and take appropriate action on the person found responsible for misplacing the same . The Appellant to provide to the PIO the proof of delivery of the said appeal in the office of the Respondents within five days of receipt of this order to facilitate enquiry by the FAA. The enquiry report along with the action taken based on its outcome may be sent to the Appellant with a copy to the Commission within 1 month of receipt of this order. The PIO is directed to forward a copy of this order to FAA for compliance.
3. Appeal is disposed off with the above directions.
(Annapurna Dixit) Information Commissioner Authenticated true copy (G.Subramanian) Deputy Registrar Cc:
1. Shri Ranbir Singh 15C, Green View Apartments 80 SFS Flats Hari Nagar New Delhi 64
2. Public Information Officer (RTI) Department of Trade & Taxes Government of NCT of Delhi Office of the Special Commissioner (II) Room No. 201, Vyapar Bhavan I P Estate New Delhi
3. Officer incharge, NIC