Central Information Commission
Mr.Shyam Sunder Singh vs Cbdt on 22 June, 2012
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi-110067
Tel: +91-11-26105682
File No.CIC/DS/A/2011/001794/RM
Appellant: Mr. Shyam Sunder Singh,, Deoria
Public Authority: Income Tax Department, Deoria
Date of Hearing: 22.6.2012
Date of decision: 22.6.2012
Heard today, dated 22.6.2012 through video conferencing.
Appellant is present.
The Public Authority is represented by Shri Balraj Krishan, ITO & CPIO
The above parties were heard and records perused.
FACTS
1
Vide RTI dt 28.10.10, the appellant had sought property details for years 2000-2010 in respect of Smt Rani Singh w/o Shri Bharat Bhushan Singh and Shri Bharat Bhushan Singh r/o district Deoria.
2. An appeal was filed on 16.12.10. AA vide order dt 7.1.11 provided some information to the appellant.
3. Not satisfied with the response, he filed the present appeal.
4. The Commission has received a communication from Shri Abhay Kumar Thakur, Addl Commissioner of Income Tax and AA, Range Azamgarh, apprising the Commission that against the decision of CPIO Deoria, the AA under the RTI Act is the Addl Commissioner of IT Range Azamgarh. However, it was noticed that the applicant had filed the appeal before ITO Deoria, who instead of forwarding it to the AA, disposed of the appeal himself, even though he was not competent to do so. As such, the initial RTI request and the appeal against the decision were heard and disposed of by the same CPIO.
DECISION
5. In view of the above, the Commission directs the CPIO to transfer the appeal to the Appellate Authority who shall hear the appeal expeditiously and dispose it as per the provisions of the RTI Act. In case the appellant is not satisfied, he is entitled to approach the Commission. The appeal is disposed of.
Sd/-
(Rajiv Mathur) Central Information Commissioner Copy to :
Shri Shyam Sunder Singh, Vill. & Post - Sighua, 2 Thana Rampur Karkhana, Distt. Deoria (U.P.) The Income Tax Officer & CPIO, O/o Income Tax Officer Ward Deoria, Deoria (U.P.).
The Income Tax Officer & A'A, O/o Income Tax Officer, Ward Deoria, Deoria (U.P.).
(Raghubir Singh) Deputy Registrar 3