Indian Kanoon - Search engine for Indian Law

Central Information Commission

Mr.Ashok Agrawal vs Cbec on 21 January, 2013

                       Central Information Commission
            Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan, 
                    Bhikaji Cama Place, New Delhi­110066
                   Web: www.cic.gov.in Tel No: 26167931

                                               Case No. CIC/SS/A/2012/002433

                                                              Dated: 21.01.2013

Name of Appellant                :      Shri Ashok Agrawal

Name of Respondent               :    Office of the Commissioner of
                                 Customs (Export), Raigad

Date of Hearing                  :      17.01.2013

                                     ORDER

Shri Ashok Agrawal, hereinafter called the appellant, has filed the present appeal dated 23.6.2012 before the Commission against the respondent Office of the Commissioner of Customs (Export), Raigad (Maharashtra) for not providing the requested information in reply to his RTI-application dated 23.4.2012. The appellant was absent whereas the respondent were represented by Shri Gyan Sarvar, FAA, Shri Sanjeev Kumar Singh, Deputy Commissioner & CPIO and Shri Pradeep Parab, Superintendent.

2. The appellant through his RTI application dated 24.4.2012 sought the certified export promotion copy of shipping bill No. 808868 dated 6.5.2002. Shipment effected from "NSICT" in container. Shipper "Singhal Merchandise India Pvt. Ltd., Mumbai. The CPIO vide letter No. S/12-RTI-92/2011/AM(X) dated 7.5.2012 informed the appellant that as per the information received from the concerned section, it does not maintain copy of E.P. Copy, hence, the same cannot be provided.

3. Aggrieved with the reply of the CPIO, the appellant preferred first appeal on 15.5.2012 before the FAA. The FAA vide his order No. S/12-RTI- 46/2012/AM(X) & No. 8/12-RTI-35/2012/AM(X) dated 10.4.2012 held that the appellant has informed that the original EP copy of shipping bill, copy of which was sought through the RTI process, was misplaced. In this regard the FAA quoted that JNCH has issued a Standing Order No. 03/2009 dated 2.4.2009 for reconstruction of the EP copies of the shipping bills which had been lost or misplaced by the exporter. Similarly there is already a system in place for reconstruction of duplicate EP copy of Shipping Bill provided the exporter furnishes certain documents. The appellant instead of obtaining the duplicate copies of shipping bills under the said standing order, has taken recourse to RTI Act.

4. During the hearing the respondent state that in case, the E.P. copy is lost or misplaced, a procedure has to be followed for reconstruction of E.P. copy, which is prescribed under Standing Order No. 03/2009 dated 2.4.2009 and Public Notice No. 89/2009 dated 26.11.2009. The Standing Order makes it mandatory for the appellant to furnish certain documents before the duplicate copies are made available. The appellant has taken an easy route by seeking the said documents by way of RTI application. At the time of export, copies of Shipping Bills are handed over to the exporter and hence the appellant already has got the copies of the Shipping Bills. It would not be out of place to mention here that the Customs certified copies may be misused for showing fulfillment of export obligation.

5. The Commission vide its order dated 23.7.2012 in case No. CIC/SS/A/2012/000491 in the matter of Shri Harinder Dhingra Vs. Office of Commissioner of Customs, Raigad held as follows:

"For taking duplicate copies of the Shipping Bills, as sought for by the appellant, the appellant has to follow the Customs procedure as prescribed by the Public Authority".

6. Consistent with the ratio in the aforementioned decision of the Commission, the Commission is of the opinion that the appellant has to follow the Custom procedure as prescribed by the Public Authority in Standing Order No.3/2009 dated 2.4.2009 and Public Notice No. 89/2009 dated 26.11.2009. The provisions of RTI Act are not attracted in the present case. The reply of the FAA is upheld.

(Sushma Singh) Information Commissioner Authenticated true copy:

(K.K. Sharma) OSD & Deputy Registrar Address of the parties:

Shri Ashok Agrawal, Krishna Complex, B-Wing, 4th Floor, Opp. Viacom-18, Near Garware House, Subhash Road-A, Vile-Parle (E), Mumbai-400057.

The CPIO, Office of the Commissioner, Customs (Export), "B" Wing, 4th Floor, Jawaharlal Nehru Custom House, NHAVA Sheva, District Raigad-400707 (Maharashtra).

The First Appellate Authority, Office of the Commissioner, Customs (Export), "B" Wing, 4th Floor, Jawaharlal Nehru Custom House, NHAVA Sheva, District Raigad-400707 (Maharashtra).