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[Cites 2, Cited by 1]

Central Information Commission

Shri V.K. Modi vs Cit-I, Jaipur on 11 June, 2009

          CENTRAL INFORMATION COMMISSION
         Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066

                              File No. CIC/LS/C/2009/00105
Complainant             :        Shri V.K. Modi
Public Authority         :       CIT-I, Jaipur
                                 (through Shri Amrit Meena, ITO)
Date of Hearing          :       11.6.2009
Date of Decision         :       11.6.2009
Facts

The matter was called for hearing on 11.6.2009. The complainant did not appear before the Commission. The public authority is represented by the officer named above. It is noticed that this matter has already been dealt with in Appeal NO. CIC/LS/C/2009/000090 and Interim Decision dated 8.6.2009 recorded therein. This file appears to have been opened by mistake by the Registry.

2. Be it as it may, is the submission of Shri Amrit Meena that Shri Modi had requested for certain information u/s 138 (1) (b) of the IT Act which was turned down by CIT concerned. Thereupon, Shri Modi had sought copy of the office note- sheet prepared in this connection under the RTI Act and this information was declined to him by Shri R.C. Godhwani, ITO (Hq) (CPIO) vide letter dated 3.9.2008. It is his submission that the Appellate Authority in this case is Shri R.K. Gupta, CIT- I, Jaipur.

DECISION

3. Shri Modi has moved this Commission in the form of a complaint without exhausting remedy of first appeal before Shri R.K. Gupta, CIT-I, Jaipur (Appellate Authority). The papers received from Shri Modi in this file as also those available in File No. CIC/LS/C/2009/000090 may be forwarded to Shri R.K. Gupta, CIT-I, Jaipur with the direction to treat this as first appeal and decide the same within 30 days time.

4. Shri Modi, however, would be at liberty to move the Commission again if he is dissatisfied with the decision of the Appellate Authority.

5. Both the complaints stand disposed of as above.

Sd/-

(M.L. Sharma) Central Information Commissioner Authenticated true copy, Additional copies of orders shall be supplied against application and payment of the charges, prescribed under the Act, to the CPIO of this Commission (K.L. Das) Assistant Registrar