Central Information Commission
Abhimanyu Kumar vs Chief Commissioner, Central Excise & ... on 4 August, 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 ली, New Delhi - 110067
िशकायत सं या / Complaint No. CIC/CCESR/C/2019/134082
Mr. Abhimanyu Kumar ...िशकायतकता/Complainant
VERSUS
बनाम
CPIO ... ितवादी /Respondent(s)
O/o. the Asstt. Commissioner,
Central Excise (CGST & CX),
Division-IV, Outer Circle Road,
Bistupur, Jamshedpur, Jharkhand-
831001
CPIO
O/o. the Asstt. Commissioner,
Central Excise (CGST & CX),
Division-V, 3rd Floor, Outer Circle
Road, Bistupur, Jamshedpur,
Jharkhand-831001
CPIO
O/o. the Dy. Commissioner, Central
Excise (CGST & CX), Division-I,
Outer Circle Road, Bistupur,
Jamshedpur, Jharkhand-831001
CPIO
O/o. the Dy. Commissioner, Central
Excise (CGST & CX), Division-III,
Outer Circle Road, Bistupur,
Jamshedpur, Jharkhand-831001
CPIO
O/o. the Dy. Commissioner, Central
Excise (CGST & CX), Division-II,
Outer Circle Road, Bistupur,
Page 1 of 5
Jamshedpur, Jharkhand-831001
CPIO
O/o. the Commissioner, Central
Excise (CGST & CX), Division-
Vigilance, Outer Circle Road,
Bistupur, Jamshedpur, Jharkhand-
831001
CPIO
O/o. the Commissioner, Central
Excise (CGST & CX), Chief
Accounts Officer (ACAO) Outer
Circle Road, Bistupur, Jamshedpur,
Jharkhand-831001
Relevant dates emerging from the complaint:
RTI : 27-12-2018 FA : 05-03-2019 SA : 16-07-2019
CPIO : 17-01-2019 FAO : Not on Record Hearing : 30-07-2021
ORDER
1. The instant matter was earlier listed before this Commission on 04.02.2021 and 12.03.2021 wherein the respondent had sought for a short adjournment in the matter so that the concerned CPIOs of Divisions I, II, III & V, ET (Vigilance) and ACAO could make their submissions. The matter was thus adjourned with the below-mentioned observations:
"Since the matter pertains to the CPIOs of Divisions I, II, III & V, ET(Vigilance) and ACAO, they are directed to show cause as to why penalty should not be imposed on them for contravening the provisions of the RTI Act, 2005."
2. The instant matter is listed today for show-cause notice hearing.
Hearing:
3. The complainant, Mr. Abhimanyu Kumar was represented by Mr. Amit Pandey (Advocate) through audio-call. The respondent, Ms. Shrishti Prasad, Page 2 of 5 Deputy Commissioner along with Mr. P. Gorai, Deputy Commissioner/ CPIO attended the hearing through audio-call.
4. The respondent(s) submitted their written submissions in reply to the show cause vide letter(s) dated 01.03.2021, 19.05.2021, 07.06.2021, 17.06.2021, 11.06.2021 and 21.06.2021 and the same have been taken on record.
5. The complainant while reiterating the brief background of the matter submitted that the CPIO failed to comply with the order dated 28/29.03.2019 passed by the First Appellate Authority hence a penalty be imposed in the Respondent under Sec. 20 of the RTI Act, 2005.
6. The respondent reiterated the reply given by the CPIO and FAA and submitted that point-wise reply/information as per the documents available on record has been provided to the complainant. Further it was submitted that in compliance of the First Appellate Authority vide letter dated 08.04.2019 a year wise amount of medical reimbursement had also been furnished to the Complainant. He further submitted that on going through the Service book available in this office of Mr. Dilip Kumar, it has been found that he joined the Central Excise (HQ) on August, 2015.
Decision:
7. The Commission, after hearing the submissions of the complainant and after perusal of records, observes that the replies given by the then CPIO(s) is neither misleading nor unsatisfactory as per the provisions of the RTI Act. There is no malafide on the part of the then CPIO in treating the information as personal and denying. Therefore, no case of penalty has been made out, as the respondent has not obstructed any information with malafide intention.
8. This Commission further observes that while examining the complaint under Section 18 of the RTI Act, 2005, the CIC has no jurisdiction to direct disclosure of any information. This legal position has been authoritatively settled by the Hon'ble Supreme Court of India in Chief Information Commissioner and Another v. State of Manipur and Anr. in Civil Appeal Nos. 10787-10788 of 2011 dated 12-12-2011. The relevant extract of the said decision is set down below:-
"30. It has been contended before us by the respondent that under Section 18 of the Act the Central Information Commission or the State Information Commission has no power to provide access to the information which has been requested Page 3 of 5 for by any person but which has been denied to him. The only order which can be passed by the Central Information Commission or the State Information Commission, as the case may be, under Section 18 is an order of penalty provided under Section 20.
However, before such order is passed the Commissioner must be satisfied that the conduct of the Information Officer was not bona fide.
31. We uphold the said contention and do not find any error in the impugned judgment of the High court whereby it has been held that the Commissioner while entertaining a complaint under Section 18 of the said Act has no jurisdiction to pass an order providing for access to the information."
9. The Commission while deciding this Complaint u/s. 18 of the RTI Act, is not adjudicating the adequacy of disclosure of information but broadly the conduct of the respondent. If appellant is dissatisfied with the disclosure, he could have preferred an appeal u/s. 19 of the Act.
10. In light of the factual matrix of the instant complaint and the legal principles enunciated in the aforementioned case-laws, this Commission comes to the conclusion that no further action under Section 20 of the RTI Act, 2005 is warranted in this case.
11. With the above observations, the replies of the show cause are found to be satisfactory, hence the show cause is being dropped and the complaint is disposed of.
12. 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 : 30-07-2021
Authenticated true copy
(अिभ मािणत स यािपत ित)
S. C. Sharma (एस. सी. शमा),
Dy. Registrar (उप-पंजीयक),
(011-26105682)
Page 4 of 5
Addresses of the parties:
1. CPIO
O/o. the Asstt. Commissioner, Central Excise (CGST & CX), Outer Circle Road, Bistupur, Jamshedpur, Jharkhand-831001
2. CPIO O/o. the Asstt. Commissioner, Central Excise (CGST & CX), Division-V, 3rd Floor, Outer Circle Road, Bistupur, Jamshedpur, Jharkhand-831001
3. CPIO O/o. the Dy. Commissioner, Central Excise (CGST & CX), Division-I, Outer Circle Road, Bistupur, Jamshedpur, Jharkhand-831001
4. CPIO O/o. the Dy. Commissioner, Central Excise (CGST & CX), Division-III, Outer Circle Road, Bistupur, Jamshedpur, Jharkhand-831001
5. CPIO O/o. the Dy. Commissioner, Central Excise (CGST & CX), Division-III, Outer Circle Road, Bistupur, Jamshedpur, Jharkhand-831001
6. CPIO O/o. the Commissioner, Central Excise (CGST & CX), Division-Vigilance, Outer Circle Road, Bistupur, Jamshedpur, Jharkhand-831001
7. CPIO O/o. the Commissioner, Central Excise (CGST & CX), Chief Accounts Officer (ACAO) Outer Circle Road, Bistupur, Jamshedpur, Jharkhand-831001
8. Mr. Abhimanyu Kumar Page 5 of 5