Central Information Commission
Mrs M Rangdal vs Cbdt on 4 March, 2016
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26101592
File No. CIC/CC/A/2014/000057/BS/9888
04 March 2016
Relevant Facts emerging from the Appeal:
Appellant : Mr. S M Rangdal,
Income Tax Officer,
Income Tax Office,
1st Floor, Swati Chambers,
Ausa Road, Latur - 413512.
Respondent : CPIO & ACIT (HQ)(Admn),
Department of Income tax
Aayakar Bhavan, Nr. Holy Cross English School,
Cantonment, Aurangabad - 431002.
RTI application filed on : 30/01/2014
PIO replied on : 24/02/2014
First appeal filed on : 09/04/2014
First Appellate Authority order : 07/05/2014
Second Appeal dated : 06/08/2014
Information sought:
(i) Copy of the report/s of the Addl. CIT Range 2, Aurangabad on the pseudonymous complaint made in the name of Sh. S M Bagdad CA Aurangabad.
(ii) Copy of the report/s of the CIT Aurangabad (sent to the higher authorities) on the report submitted by the Addl. CIT, Range 2, Aurangabad on the pseudonymous complaint made in the name of Sh. S M Bagdad CA Aurangabad.
(iii) Copy of the report/s of the CIT, Aurangabad, if any, other than the report mentioned in para
(ii) above, on the pseudonymous complaint made in the name of Sh. S M Bagdad CA Aurangabad.
Grounds for the Second Appeal:
The CPIO has not provided the desired information.
Relevant Facts emerging during Hearing:
The following were present Appellant: Absent;
Respondent: Mr. K. K. Nair, CPIO and Mr. Vivek Kumar, CPIO through VC;
The appellant was given an opportunity to participate in the hearing but he is absent. The CPIO stated that the information requested by the appellant in his RTI application dated 30/01/2014 as available on record (other than copy of complaint) was supplied vide letter dated 24/02/2014. He further stated that the complaint is under investigation by the Vigilance Section and cannot be disclosed at this stage as it is likely to impede the proceedings. He claimed exemption under Section 8(1)(h) of the RTI Act Page 1 of 2 Decision notice:
The CPIO has submitted that all information (other than copy of complaint) has been furnished to the appellant vide letter dated 24/02/2014. He has further submitted that the complaint is under investigation by Vigilance Section and cannot be disclosed at this stage being exempted under Section 8(1)(h) of the RTI Act. The appellant has not availed the opportunity to appear before the Commission to canvass his case/contest the CPIO's submissions. In the above circumstances there is no need to interfere with the respondent's decision.
The matter is closed.
BASANT SETH Information Commissioner Authenticated true copy:
(R. L. Gupta) Dy. Registrar/Designated Officer Page 2 of 2