Central Information Commission
K. Gurunathan vs Department Of Economic Affairs on 29 May, 2021
Author: Neeraj Kumar Gupta
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/DOEAF/A/2019/147021
Mr. K. Gurunathan ... अपीलकता/Appellant
VERSUS
बनाम
CPIO ... ितवादी /Respondents
M/o. Finance
Department of Revenue
North Block, New Delhi
CPIO
M/o. Finance
Department of Economic Affairs
North Block, New Delhi
Relevant dates emerging from the appeal:
RTI : 02-03-2019 FA : 13-05-2019 SA : 27-09-2019
CPIO : Not on Record FAO : Not on Record Hearing : 20-05-2021
ORDER
1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Ministry of Finance, New Delhi. The appellant seeking information on four points, including, inter-alia:-
(i) "Why do you not include election parties details in income tax department;
(ii) All the people paid income tax every year but why do you give exception for election parties, etc."Page 1 of 4
2. As the CPIO had not provided the requested information, the appellant filed the first appeal dated 13.05.2019 requesting that the information should be provided to him. The response of FAA is not on record. He filed a second appeal u/Section 19(3) of the RTI Act before the Commission on the ground that information has not been provided to him and requested the Commission to direct the respondent to provide complete and correct information.
Hearing:
3. The appellant attended the hearing through audio-call. The respondent, Shri Raghvendra Singh Kushwaha, CPIO, DoR and Shri Alok Kumar Tiwari, CPIO, DEA attended the hearing through audio-call.
4. The written submissions of the respondents are taken on record.
5. The appellant submitted that till date no information was provided to him by the respondent on his RTI application dated 02.03.2019.
6. The respondent, Department of Revenue submitted that "As per Second Appeal dated 21.09.2019, Shri K. Gurunathan filed a RTI application dated 02.03.2019 seeking some information about electoral reforms from Ministry of Finance. On non-receipt of the said information, he filed First Appeal dated 13.05.2019 with the First Appellate Authority, Department of Revenue, mentioning the date of RTI application as 08.03.2019. On receipt of the First Appeal, while scrutinizing the available records, it was noticed that the RTI application dated 08.03.2019 was not received in the RTI Cell, Department of Revenue. However, as per File Tracking system, it was observed that that the similar RTI application dated 02.03.2019 from Shri K. Gurunathan was received by the Department of Economic Affairs bearing Computer Diary number 1086572/2019/R&I. The First Appeal was, therefore, forwarded to Department of Economic Affairs vide letter dated 22.05.2019 for necessary action. Shri K. Gurunathan thereafter filed a Second Appeal on 06.08.2019, which was received in CIC on 14.08.2019. CIC vide letter Dy. No.139323/2019 dated 16.08.2019 had also returned the Second Appeal stating that the Appeal relates to more than one RTI application and was requested to file separate appeal relating to each RTI application complete in all respects". The respondent submitted that on going through the RTI application dated 02.03.2019, it is noticed that the information sought may pertain to CPIO, CBDT. Therefore, the RTI application of the appellant was transferred to the CPIO, CBDT.
7. The respondent, Department of Economic Affairs submitted that "the appellant vide the application dated 02.03.2019 had asked information related to income tax of election parties which comes under the jurisdiction of Department of Revenue. Since the appellant did not get the information he approached Page 2 of 4 Hon'ble CIC where D/o Revenue and D/o Economic Affairs both made parties in the case. In the context it is submitted that as per record available with RTI Cell, similar application dated 08.03.2019 (e-office diary number 1086572) from Shri K. Gurunathan is being shown as "closed" by the then Section Officer (RTI), DEA and no records of action taken could be found. Moreover, the information sought by the applicant is completely under the purview of Department of Revenue".
Decision:
8. The Commission, after hearing the submissions of both the parties and after perusal of records, observes that the appellant was aggrieved that till date no information was provided to him by the respondents on his RTI application. The Commission observed that the RTI application of the appellant was only transferred to one department to another but no information was provided to the appellant. This shows serious lacuna on the part of the respondent public authority. In view of this, the Commission directs the respondent, Department of Revenue to give specific reply/information to the appellant, as per the documents available on record, within a period of 15 days from the date of receipt of this order.
9. With the above observations, the appeal is disposed of.
10. Copy of the decision be provided free of cost to the parties.
नीरज कुमार गु ता
Neeraj Kumar Gupta (नीरज ता)
सूचना आयु त)
Information Commissioner (स त
दनांक / Date : 20-05-2021
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
M/o. Finance
Department of Revenue
North Block, New Delhi
2. CPIO
M/o. Finance
Department of Economic Affairs
North Block, New Delhi
3. Mr. K. Gurunathan
Page 4 of 4