Central Information Commission
Vikas Gumber, Bharti Gumber & Sohan Lal vs Customs(Air Cargo Export), New Delhi on 31 December, 2009
CENTRAL INFORMATION COMMISSION
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F.No.CIC/AT/A/2009/000636 to 647
(Total -12 Appeals)
Dated, the 31st December, 2009.
Appellants : Vikas Gumber, Bharti Gumber & Sohan Lal
Respondents : Customs(Air Cargo Export), New Delhi
These appeals have been filed by three appellants viz., Shri Vikas Gumber, Ms. Bharti Gumber and Shri Sohan Lal. Contents of their queries being identical these were taken up as a bunch and disposed of accordingly.
2. Appellants were represented by their counsels, Shri Navneet Panwar and Ms. Reena Rawat, while the respondents were represented by Shri Naresh Kumar Puri, CPIO.
3. During the hearing on 30.12.2009, it was pointed out by the appellants' counsel that the three specific pieces of information the appellants needed were as follows:
"a) Examination report pertaining to the consignment exported under S/Bs as per Annexure to the application.
b) Name and designation of the officers who had examined the goods and granted 'Let Export Order' in the above S/Bs.
c) Copies of the Drawback Annexure I and Annexure II attached with the above S/Bs, if any."
4. These sets of information were required in the context of DRI investigations and subsequent adjudication in the matter of alleged inadmissible drawback claim.
5. During the hearing the following was stated by both parties:
Items a and b:
AT-31122009-06.doc Page 1 of 3 CPIO stated that these queries cover a thousand shipping bills - 964 out of which were held by the New Custom House, whereas 36 were with the ICD, Patparganj. There were five files corresponding to these documents - one file was not traceable, while the other four were available in the office.
Appellants' counsel stated that his clients were interested in also receiving from the CPIO apart from the shipping bills, the file notings and the examination report for each bill.
CPIO stated that he has had no problem in providing to the appellant all the above information in 964 shipping bills and four files as these were held by the New Custom House office. Respondents stated that since the volume of information was large they would need longer time to disclose it to the appellants fully. As regards the 36 other shipping bills he would intimate the CPIO ICD, Patparganj for further processing it for a reply to the appellants.
Decision:
Since respondents have no objection to disclosure of the requested information it is directed that the 964 shipping bills and four files may be provided to the appellant (including information regarding file notings an examination reports) within two months of this order. The requisite fees shall be collected from the appellants before furnishing the information.
The matter relating to the 36 files known to be held by the ICD, Patparganj may be transferred by CPIO to the CPIO of the appropriate public authority for further action at his end.
Item C:
CPIO stated that this item of information was not held by his office and, therefore, expressed his inability to provide it to the appellant.
Decision:
As the information is not held by the public authority no obligation can be cast on it for its disclosure.
Appeals disposed of with these directions. AT-31122009-06.doc Page 2 of 3
6. Copy of this decision be sent to the parties.
(A.N. TIWARI) INFORMATION COMMISSIONER AT-31122009-06.doc Page 3 of 3