Central Information Commission
Shri S.P. Goyal vs Income Tax (Inv.), Ludhiana on 17 July, 2008
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CENTRAL INFORMATION COMMISSION
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F. No. CIC/AT/A/2008/00008
Dated: 17 July, 2008
Appellant : Shri S.P. Goyal Respondents : Income Tax (Inv.), Ludhiana.
This second-appeal filed by Shri S.P. Goyal, Mumbai (Appellant) came up for hearing on 2.6.2008. Hearing was held through V.C. and both appellant and the respondents were present at NIC Studio, Ludhiana and Mumbai respectively.
2. In his RTI request dated 20.9.2007, the appellant wanted to know as to whether the respondents destroyed the file of M/s. Sanjeev Woollen Mills for the Assessment Year 1997-98 or there was no file or report ever issued from the office which is used by Dy. Commissioner of Income Tax, Central Circle 20 in his order dated 27.3.2000 and if records are destroyed copies of destroy register be provided where detail of relevant file was mentioned.
3. The CPIO through communication dated 23.10.2007 intimated that "no such record is available with this office". The first appeal dated 2.11.2007 of the appellant was dismissed by AA vide his order dated 3.12.2007 holding that the CPIO had already given full reply to the appellant. He also stated that the information available with CPIO could alone be given by him to the appellant. Information that was not in the control of the CPIO could not be given.
4. Appellant in this second appeal dated 15.12.2007 stated that CPIO should be asked to file an affidavit that no such record was available nor was it transferred to any other office.
-: 2 :-Decision:
5. After going through the records and hearing the parties, I do not find any justification in the appellant's demand to ask CPIO to file affidavit. The categorical statements made by CPIO and AA in this regard are sufficient to assert the facts stated by them. I uphold the decision of the AA and reject the appeal.
6. Copy of this decision be sent to the parties.
Sd/-
(A. N. TIWARI) INFORMATION COMMISSIONER Authenticated by Sd/-
(D.C. Singh) Assistant Registrar