Appeal Nos. CIC/BS/A/2016/000557, CIC/BS/A/2016/000731, CIC/BS/A/2016/000941 and CIC/BS/A/2016/001452-BJ. Case: Anil Kaushik Vs The Income Tax Officer/CPIO and Ors.. Central Information Commission

Case NumberAppeal Nos. CIC/BS/A/2016/000557, CIC/BS/A/2016/000731, CIC/BS/A/2016/000941 and CIC/BS/A/2016/001452-BJ
JudgesBimal Julka, Information Commissioner
IssueRight To Information Act, 2005 - Sections 6(3), 8(1), 8(1)(d), 8(1)(j)
Judgement DateMarch 16, 2017
CourtCentral Information Commission

Court Information Central Information Commission Cases
Judgment Date 16-Mar-2017
Party Details Anil Kaushik Vs The Income Tax Officer/CPIO and Ors.
Case No Appeal Nos. CIC/BS/A/2016/000557, CIC/BS/A/2016/000731, CIC/BS/A/2016/000941 and CIC/BS/A/2016/001452-BJ
Judges Bimal Julka, Information Commissioner
Acts Right To Information Act, 2005 - Sections 6(3), 8(1), 8(1)(d), 8(1)(j)

Decision

Bimal Julka, Information Commissioner

FACTS:

1. The appellant vide his RTI application sought information on 06 points related to Shri Ishwar Chand Giri S/o Shri Feru Singh R/o Shamli seeking details of whether he was an assessee of Income Tax, his income from various sources, details of moveable and immovable property held by him, monthly salary, income and expenditure for the last 05 years and issues related thereto.

2. The CPIO, Meerut vide his letter dated 29.09.2015 transferred his RTI application to CPIO, Muzaffarnagar under Section 6(3) of the RTI Act, 2005 who in turn vide its letter dated 07.10.2015 transferred the application to Additional Commissioner Income Tax, Range-I, IT, Muzaffarnagar. Subsequently, the RTI application was transferred to ITO, Ward-1(4), Shamli vide letter dated 09.10.2015. The CPIO, Ward-1(4) vide its letter dated 28.10.2015 denied the disclosure of information under Section 8(1)(d) of the RTI Act, 2005. Dissatisfied by the response of the CPIO, the Appellant approached the FAA. The FAA vide its order dated 27.11.2015 concurred with the reply of the CPIO.

HEARING:

Facts emerging during the hearing:

The following were present:

Appellant: Mr. Anil Kaushik (M: 9837384522) in person;

Respondent: Mr. Raj Kumar Jain, Inspector Income Tax, Shamli Office, Muzaffarnagar (M: 9412110034) through VC; and Mr. Sanjeev Bimbisariye, ITO(HQ), Meerut (M: 7599102410);

3. The appellant reiterated the contents of his RTI application and stated that information sought by him had not been provided though he had raised critical issues regarding the alleged acts of corruption by Shri Ishwar Chand Giri S/o Shri Perumal who had recently retired as Village Development Officer from Block Shamli. It was alleged that Shri Ishwar Chand Giri had amassed lot of wealth and other moveable and immoveable assets despite the fact that his monthly income was Rs. 44,957/-. It was suspected that he possessed other sources of unknown income not commensurate with the position and status held by him. The respondent at...

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