R. K. Jain vs Custom Excise & Service Tax Appellate ... on 9 March, 2021

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Central Information Commission

R. K. Jain vs Custom Excise & Service Tax Appellate ... on 9 March, 2021

Bench: Neeraj Kumar Gupta

                            के   ीय सूचना आयोग
                      Central Information Commission
                         बाबा गंगनाथ माग,मुिनरका
                       Baba Gangnath Marg, Munirka
                       नई द ली, New Delhi - 110067

ि तीय अपील सं या/Second Appeal No. CIC/CESAT/A/2019/129837

R K Jain                                                   ... अपीलकता/Appellant
                                     VERSUS
                                      बनाम
CPIO, O/o. the Customs Excise &                           ... ितवादी /Respondent
Service & Tax Appellate Tribunal,
New Delhi

Relevant dates emerging from the appeal:

RTI : 20-10-2018            FA      : 22-03-2019         SA       : 29-06-2019
CPIO : 30-10-2018 & 15-
                            FAO : 16-05-2019             Hearing : 22-02-2021
03-2019

                                  ORDER

1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), O/o. the Customs Excise & Service & Tax Appellate Tribunal, New Delhi seeking following information:-

"(A) Please provide inspection of the following files held in the office of the Registrar/Dy. Registrars

(i) Judicial File for the Year 2018

(ii) Roster File for the Year 2018

(iii) Files relating to tours for the year 2018

(iv) File for difference of opinion matters for year 2018

(v) Larger Bench File for Year 2018. (B). Please provide the number of files (except appeal files) held in the office of the Hon'ble President. Please also provide list of such files."

2. The CPIO responded on 30-10-2018 & 15-03-2019. The appellant filed the first appeal dated 22-03-2019 which was disposed of by the first appellate authority on 16-05-2019. Thereafter, he filed a second appeal u/Section 19(3) of the RTI Act before the Commission requesting to take appropriate legal action Page 1 of 2 against the CPIO u/Section 20 of the RTI Act, 2005 and also to direct him to provide the sought for information.

Hearing:

3. Since the appellant is no more, the matter is being decided on merit of the case. Mr. Bala Subrhamaniyam, CPIO participated in the hearing representing the respondent through audio conferencing. The written submissions are taken on record.

4. The respondent submitted that they have already furnished a factual reply to the appellant vide their letter dated 30-10-2018 thereby indicating that no such list is available. The given reply was also read out by the respondent. Decision:

5. This Commission observes that a proper reply has been provided to the appellant vide letter dated 30-10-2018 as per the RTI Act, 2005 and hence, no further intervention of the Commission is required in the matter.

6. With the above observations, the appeal is disposed of.

7. Copy of the decision be provided free of cost to the parties.


                                                             नीरज कु मार गु ा)
                                       Neeraj Kumar Gupta (नीरज             ा

Information Commissioner (सूसूचना आयु ) दनांक / Date : 22-02-2021 Authenticated true copy (अिभ मािणत स यािपत ित) S. C. Sharma (एस. सी. शमा), Dy. Registrar (उप-पंजीयक), (011-26105682) Addresses of the parties:

1. CPIO O/o. the Customs Excise & Service Tax Appellate Tribunal West Block No. 2, RK Puram New Delhi-110066

2. R K Jain Page 2 of 2

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