Central Information Commission
Mrmanoj Jain vs Cbec on 29 May, 2014
CENTRAL INFORMATION COMMISSION
Room No. - 308, 2nd Floor, August Kranti Bhawan,
Bhikaji Cama Place, New Delhi - 110066.
Website: cic.gov.in
File No. CIC/SS/A/2012/003588/KY
Appellant : Shri Manoj Jain
Flat 285, Block-29, Type 3 Quarters,
CGS Colony, EktaVihar, CBD Belapur,
Sec-25, Navi Mumbai-14
Public Authority : The Dy. Commissioner of Customs
RTI (Gen.) & CPIO
CBEC, New Custom House, Ballard Estate, Mumbai-400001
Date of Hearing : 29.05.2014
Date of Decision : 29.05.2014
Presence:
Appellant : Absent
CPIO : Sh. Manvesh Kumar, Dy. Commissioner & CPIO
FACTS:
1. Vide RTI application dated 01.08.2012, the appellant sought information on the six issues.
2. CPIO, vide its response dated 08.08.2012, allegedly provided the information to the appellant.
3. The First Appeal (FA) was filed on 22.08.2012, as the desired information was not provided.
4. First Appellate Authority (FAA), vide its order dated 20.09.2012, upheld the decision of CPIO.
5. Grounds for the Second Appeal filed on 18.10.2012, are contained in the Memorandum of Appeal.
6. HEARING Appellant opted to be absent despite of our due notice to him. Respondents appeared before the Commission personally and made the submissions at length.
DECISION It would be seen here that the appellant, vide his RTI Application dated 01.08.2012, sought some information from the respondents on six issues as contained therein. Respondents vide their response dated 08.08.2012, allegedly provided the required information to the appellant on all six issues. Being aggrieved by the aforesaid response, FA was filed by the appellant on 22.08.2012 before the FAA, who vide his order dated 20.09.2012, upheld the decision of CPIO with some directions. Hence, a Second Appeal before this Commission.
2. On being queried by the Commission, as to whether appellant was provided the required information after depositing the required fee, as asked for. On this very aspect, Sh. Manvesh Kumar, CPIO, appears to be not in a position to respond the query and he kept mum. Thus, it appears that Sh. Manvesh Kumar came here without studying of case file.
3. It is pertinent to mention here that the FAA, vide his order dated 20.09.2012, directed the CPIO to provide the attested copies of the information discussed at point no. 1 to the appellant free of charges which the appellant should collect in person in the presence of two independent witnesses within 15 days of receipt of this order.
4. In view of the above, the Commission feels that the direction issued by FAA in the matter, as above, appears to be appropriate and even justified in the circumstances of the case. Thus, the Commission concurs with the same. With these observations, the appellant's second appeal is hereby closed.
The appeal is disposed of accordingly.
Sd/-
(M.A. Khan Yusufi) Information Commissioner Copy of this Decision be given free of cost to the parties.
Authenticated true copy (K. L. Das) Deputy Registrar
1. The Dy. Commissioner of Customs RTI (Gen.) & CPIO CBEC, New Custom House, Ballard Estate, Mumbai-400001
2. Shri Manoj Jain Flat 285, Block-29, Type 3 Quarters, CGS Colony, EktaVihar, CBD Belapur, Sec-25, Navi Mumbai-14