PIO: The information being more than 20 years old was not traceable - PIO: The JCIT, Allahabad had prepared an inquiry report; nothing adverse was noticed after inquiry & no responsibility was fixed - CIC: Provide a copy of the inquiry report to Appellant20 Nov, 2017
O R D E R
The Appellant vide his RTI application sought information on 01 point regarding action initiated and disposal of complaint dated 24.02.2015 sent to the Hon’ble Prime Minister, Government of India, New Delhi and issues related thereto.
The CPIO and Director (Hqrs.), CBDT, New Delhi, vide its letter dated 01.07.2015 transferred the RTI application to the CPIO, O/o the CCIT, Allahabad. Subsequently, the CPIO and ITO (Tech), for CCIT, Allahabad, vide his letter dated 17.07.2015, transferred the RTI application to the CPIO, o/o the CIT, Allahabad.
Dissatisfied on not receiving any satisfactory response, the Appellant approached the FAA. The order of the FAA, if any, is not available on the record of the Commission.
Facts emerging during the hearing:
The following were present: Appellant: Absent; Respondent: Mr. Manohar Lal Birdi, ITO (HQ), New Delhi in person; Mr. A. K. Singh, JCIT, Allahabad through VC;
The Appellant remained absent during the hearing.
The Respondent submitted that initially the RTI application was transferred to CCIT, Allahabad which was subsequently forwarded to CIT, Allahabad. It was informed by the Respondent that the information being more than 20 years old was not traceable. In the meanwhile, a complaint had been filed by the Appellant to PMO which was received in the M/o Finance (D/o Revenue) and forwarded to CIT, Allahabad. It was further submitted that the JCIT, Allahabad had thereafter prepared an inquiry report which was forwarded to the CIT, Allahabad on 13.04.2015 which was in turn forwarded to the PMO. While reading out the contents of the inquiry report, it was informed that nothing adverse was noticed after inquiry and therefore no responsibility was fixed. On being queried whether a copy of the inquiry report was provided to the Appellant also, the Commission was informed that on their record it was not evident that a copy was submitted to the Appellant. The Commission therefore, instructed the Respondent to provide a copy of the inquiry report to the Appellant as well.
The Appellant was not present to contest the submission of the Respondent or to substantiate his claims further.
Keeping in view the facts of the case and the submissions made by the Respondent, the Commission instructs the Respondent to provide a copy of the inquiry report to the Appellant, within a period of 10 days from the date of receipt of this order. The FAA is however instructed to be cautious about the relevant provisions of the RTI Act, 2005 and ensure its compliance within the stipulated time period.
The Appeal stands disposed with the above direction.
Citation: Shri B.L. Mishra v. Income Tax Department & Ministry of Finance in Appeal No.:-CIC/RK/A/2016/000179/DOREV-BJ, Date of Decision: 14.09.2017