Central Information Commission
Mr.Ramesh Verma vs Chief Commissioner Of Customs, Delhi ... on 18 July, 2012
Central Information Commission
Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan,
Bhikaji Cama Place, New Delhi110066
Web: www.cic.gov.in Tel No: 26167931
Case No. CIC/SS/A/2012/900505
Dated: 18.07.2012
Name of Appellant : Shri Ramesh Verma
Name of Respondent : Office of the Chief Commissioner of
Customs, IGI Airport, New Delhi
Date of Hearing : 05.07.2012
ORDER
Shri Ramesh Verma, the appellant has filed this appeal dated 16.11.2011 before the Commission against the respondent Office of the Chief Commissioner of Customs, IGI Airport, New Delhi for not providing information in reply to his RTI application dated 8.7.2011. The matter came up for hearing on 05.07.2012. The appellant was present whereas the respondent were represented by Shri Mohan Lal, Deputy Commissioner and Shri R.K. Grover, Superintendent.
2. The appellant filed an application dated 8.7.2011 under the provisions of the RTI Act, 2005, in which he sought information on the following three queries
- "(i) Details of Gifts cleared under Notification No. 326 dated 23.12.1983 for the period from 1.1.2006 to date in respect of VIP/VVIP (of all types) along with details and their name/designation and date of clearance; (ii) The valuation done by the department in respect of the aforesaid gifts at S. No. 1; and (iii) Details of duty collected on the gifts from VIP/VVIP (of all types) along with detail, their name, designation, value of gift and duty amount." The CPIO vide his letter No. 2 Case No. CIC/SS/A/2012/900505 9916 dated 13.9.2011 informed the appellant that the desired information was not available with the Office.
3. However, not satisfied with the reply of the CPIO, the appellant filed first appeal on 22.9.2011 before the FAA. The FAA vide his order No. VIII/(AP)OP/ RTI/Appeal/02/2011/11473 dated 9.11.2011 held that the CPIO has examined the matter keeping in mind the declarations made by the specified persons under the Notification as well as maintenance of records in this regard in the office of the Public Authority. The FAA observed that the public authority has not maintained any such records relating to the said Notification as it is not mandatory for the office to maintain such records under the said Notification. The The benefit of the said Notification has not been claimed by any Union or State Ministers, public servants and foreign dignitaries and therefore the CPIO has rightly provided nil information to the appellant.
4. The appellant submits that the CPIO has not replied to him within stipulated period of 30 days and requested the Commission to initiate penalty proceedings under the provisions of Section 20(1) of the RTI Act, 2005.
5. The Commission observes that the RTI application was received by the CPIO on 22.7.2011 and replied to the appellant on 13.9.2011. The CPIO has prima-facie caused a delay of 22 days in providing information to the appellant to his RTI-request dated 8.7.2011. A separate show-cause notice u/s 20(1) of the RTI Act would be issued to the then CPIO, Office of the Commissioner of Customs, IGI Airport, Terminal-3, New Delhi asking him to show-cause why a penalty of Rs. 5,500/- should not be imposed upon him.
6. As for as information part is concerned, the Commission is of the view that requisite information permissible under the RTI Act and as held by the public authority has been provided to the appellant.
3 Case No. CIC/SS/A/2012/900505(Sushma Singh) Information Commissioner Authenticated true copy:
(K.K. Sharma) OSD & Deputy Registrar Address of the parties:
Shri Ramesh Verma, 10, Bindal Dharmshala Market, Bazar Vakilan, Hisar (Haryana) The CPIO, Office of the Commissioner of Customs, IGI Airport, Terminal-3, New Delhi-110037.
The First Appellate Authority, Office of the Commissioner of Customs, IGI Airport, Terminal-3, New Delhi-110037.