Central Information Commission
Mr.K Amarnath vs Cbdt on 27 December, 2010
CENTRAL INFORMATION COMMISSION
Room No.296, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
Telefax:011-26180532 & 011-26107254 website:cic.gov.in
Appeal: No. CIC/LS/A/2010/001117-DS
Appellant : Shri K.Amarnath, Mumbai (through video conferencing)
Public Authority : O/o the Commissioner of Income Tax, Chennai
(Mrs. Uma Maheswari-CPIO, through video conferencing)
Date of Hearing : 27 December 2010
Date of Decision : 27 December 2010
Facts:-
By preferring RTI application dated 19 December 2009 the applicant sought information from the CPIO, PRO section, Office of the Commissioner of Income Tax, Chennai regarding issue of two PAN cards and related information through 17 points - enclosed herewith as Annexure A.
2. The CPIO vide his order of 13 January 2010 informed the applicant that the matter was at a preliminary level of investigation and therefore the details could not be revealed at this stage.
3. The applicant preferred appeal dated 27 January 2010 before the First Appellate Authority in which he provided additional information to the respondent regarding the subject matter of his RTI application and also persisted in requesting for the information sought by him in his original application.
4. The First Appellate Authority disposed of the matter vide his order dated 25 February 2010 vide which he informed the appellant that the information sought by him was not in the possession of the CPIO nor could it be accessed by her. He denied disclosure of information citing section 2 (f) of the RTI, 2005.
5. Being aggrieved and not being satisfied by the above information the applicant moved the Commission in second appeal. The matter was heard today through video conferencing. Both parties were present as above and presented arguments. Appellant stated that he as a responsible citizen had provided information pertaining to issue of two PAN cards to a single individual who was misusing the same on two counts - to take multiple loans from banks and also to avoid paying taxes to the state. Therefore it was in public interest for the respondent to provide information as sought by him. Respondent stated that the said individual did not file income tax returns and that the two PAN cards listed by the appellant had been issued in the years 2005 and 2008. She also stated that the RTI application of the appellant could be transferred to CIT (computer operations) who could access the requested information.
Decision
6. After hearing both parties the Commission directs the respondent to forward the RTI application to the CIT (CO) within one week of receipt of the order so that suitable preventive action can be taken as deemed fit and in keeping with the larger principle of transparency and weeding out of corruption as laid down in the preamble to the RTI Act. Respondent can keep the appellant informed of the outcome of the action taken by the CIT (CO) after the action is completed without disclosing third party information which would amount to unwarranted invasion of privacy of such party.
(Smt. Deepak Sandhu) Information Commissioner (DS) Authenticated true copy (T.K.Mohapatra) Under Secretary & Dy. Registrar (Tel: 011-26105027) Copy to:-
1. Shri K.Amarnath, 31/19, Aspiran Garden, 1st Street, Kilpauk, Chennai- 600010.
2. The CPIO, Income Tax Office, Salary Ward IV(1), Room No. 523, 5th Floor, New Block, 121 Uthamar Gandhi Salai, Nungambakkam, Chennai-34.
3. The Appellate Authority Income Tax Office, Salary Range IV, Room No. 522, 5th Floor, New Block, 121 Uthamar Gandhi Salai, Nungambakkam, Chennai-34.