The basis/grounds for conducting a raid asked through RTI
14 Mar, 2012Background
The appellant wanted to know the basis/grounds on which the Enforcement Wing of the Department of Trade and Taxes conducts a raid on a particular shop/place. He requested for the information about the procedure in respect of conducting raids besides the details regarding the officer/authority who is required to monitor the raid. The Public Information Officer (PIO) provided the Applicant a copy of relevant provision (Section 60) of the Trade & Taxes Act, 2004 along with the designation (i.e. Additional Commissioner (Enforcement) of the authority who monitors the raid activity. On appeal, the First Appellate Authority directed to provide the complete information to the appellant. The PIO accordingly provided detailed point wise information.
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During the hearing, the appellant argued that the PIO has provided a copy of some Rule indicating the procedure for conducting raids, whereas he had specifically requested for basis/grounds on which the Enforcement wing decides to raid a particular shop/place. The respondents stated that though the grounds/basis conducting a raid on a particular place/shop has not been clearly mentioned in the existing Rules, the raids are conducted in certain specific situations. The Commission directed the PIO to formally communicate to the appellant the condition/situation/basis on which they decide to conduct a raid on a place or shop within 1 week of receipt of the order.
Citation: Shri Jai Kishore v. Trade and Taxes Department in file no. CIC/AD/A/2012/000587
RTI Citation : RTIFI/2012/CIC/148
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