Dilip Kumar vs Chief Commissioner, Central Excise & ... on 29 December, 2020

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Central Information Commission

Dilip Kumar vs Chief Commissioner, Central Excise & ... on 29 December, 2020

Bench: Neeraj Kumar Gupta

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

ि तीय अपील सं    ा / Second Appeal No. CIC/CCESR/A/2017/115406

Dilip Kumar                                              ... अपीलकता/Appellant

                                    VERSUS
                                     बनाम

1. CPIO                                                 ... ितवादी /Respondents
O/o. the Commissioner of Central
Excise & Service Tax, Dhanbad,
Jharkhand

2. CPIO
O/o. the Commissioner for Central
Goods & Service Tax & CX.
Ranchi Commissionerate, Ranchi
Jharkhand


Relevant dates emerging from the non-
compliance petition:

Impugned order: 08.05.2018
Order w.r.t. disposal of the non-
compliance :- 17.12.2020

                                    ORDER

1. The above mentioned appeal of the appellant, Mr. Dilip Kumar was disposed of by the Commission on 08.05.2018 with the following directions:

"Keeping in view the facts of the case and the submissions made by both the parties and in the light of the decision pronounced by the Commission in Appeal No:- CIC/CCCER/A/2017/602130-BJ+ Page 1 of 4 CIC/CCCER/A/2017/602131-BJ+ CIC/CCESR/A/2017/118079-BJ dated 28.03.2018, the Commission directs the CPIO to furnish information to the Appellant unless otherwise specifically prohibited by the investigating authority in accordance with the provisions of the RTI Act, 2005, within a period of 30 days from the date of receipt of this order. A copy of the written submission sent to the Commission by the Respondent be endorsed to the Appellant as well."

2. In response to the non-compliance letter dated 12.06.2018 which was filed by the appellant, the matter is being considered by the Commission by way of this order.

Hearing:

3. The appellant attended the hearing through audio-call. The respondents, Shri Nikhil Gandhi, CPIO and Shri Radhe Krishna, CPIO attended the hearing through audio-call.

4. The appellant submitted that till date no information has been provided to him on his RTI application and the respondent had also not complied with the Commission's order dated 08.05.2018.

5. The respondent submitted that vide their letter dated 13.06.2018, they have informed the Commission and the appellant that "it is to state that files related to information sought, have already been transferred to the Hqrs. Vigilance Branch of Patna - II Commissionerate from Ranchi Commissionerate vide their office letter bearing C. No. II(B)16-VIG/Mukesh/DNB/ 15/503 dated 10.08.2017 as the present place of posting of the appellant, Mr. Dilip Kumar is at CGST & CX (Hqrs.), Patna- II Commissionerate, Patna. Hence, this office is not in the position to provide the sought information clue to non-availability of records. Further, it is pertinent to mention that the Assistant Commissioner (Vigilance), CGST & Central Excise, Patna - II vide his letter bearing C. No. II(B)98/VIG/Mukesh/DNB/L5/217 dated

27.O4.2018 informed this office about the letters of CBI, ACB, Dhanbad bearing no. 600/3/12A/2015-D dated 08.02.2016 and 520/RC/12(A)/2015-D/CBI/2018 dated 25.01.2018 wherein the CBI, Dhanbad conveyed that CBI Report and its enclosures are confidential documents and are privileged documents under Section 124 of the Indian Evidence Act and as such no information contained in the same can be parted with the accused or any other person".

Decision:

Page 2 of 4

6. The Commission, after hearing the submissions of both the parties and after perusal of records, observes that the appellant was aggrieved that the respondent has not complied with the Commission's order dated 08.05.2018. On the other hand, the respondent has informed the Commission and the appellant that the CBI, Dhanbad conveyed that CBI Report and its enclosures are confidential documents and are privileged documents under Section 124 of the Indian Evidence Act and as such no information contained in the same can be parted with the accused or any other person. The Commission observed that the respondent has complied with the Commission's order dated 08.05.2018 by informing the factual position in the matter to the appellant. The Commission's order categorically stated that to furnish information to the Appellant unless otherwise specifically prohibited by the investigating authority in accordance with the provisions of the RTI Act, 2005 and the respondent has categorically informed that the information sought is prohibited from disclosure. Hence, no further intervention of the Commission is required in the matter.

7. With the above observations, the non-compliance petition is disposed of.

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

नीरज कु मार गु ा) Neeraj Kumar Gupta (नीरज ा सूचना आयु ) Information Commissioner (सू दनांक / Date 17-12-2020 Authenticated true copy (अिभ मािणत स#ािपत ित) S. C. Sharma (एस. सी. शमा), Dy. Registrar (उप-पंजीयक), (011-26105682) Page 3 of 4 Addresses of the parties:

1. CPIO O/o. the Commissioner of Central Excise & Service Tax, Dhanbad AC (HQ) & Nodal CPIO, RTI Cell 8th Floor, Ozone Centre, Ashoka Nagar Dhanbad, Jharkhand-828106

2. CPIO O/o. the Commissioner of Central Goods & Service Tax & CX.

Ranchi Commissionerate, Central Revenue Building 5-A, Main Road, Ranchi, Jharkhand-834001

3. Shri Dilip Kumar Page 4 of 4

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