Adjunct Order F. No. CIC/SS/A/2011/001982. Case: R.K. Jain Vs CESTAT, New Delhi. Central Information Commission

Case NumberAdjunct Order F. No. CIC/SS/A/2011/001982
CounselFor Appellant: Mr. R. K. Jain, Adv.
JudgesMs. Sushma Singh, Information Commissioner
IssueRight to Information Act, 2005 - Sections 7, 20, 5(4)
Judgement DateDecember 18, 2012
CourtCentral Information Commission


  1. In the matter of Shri R.K. Jain of Delhi v. The Customs, Excise & Service Tax Appellate Tribunal (CESTAT), New Delhi, the Commission passed an Adjunct Order No. CIC/SS/A/2012/001982, dated 7-5-2012.

  2. The observations and directions of the Commission were as under:

    3. During the hearing the appellant submits that the appellant''s RTI-request dated 2-5-2011 seeking information on four queries was replied to by the CPIO vide letter dated 6-6-2011. The CPIO provided an opportunity to the appellant for inspection of documents as sought for by him at Point ''D''. The inspection of the documents was undertaken by the appellant on 9-6-2011 and copies of specified records were requested on 9-6-2011. Failing to get the requisite records, the appellant sent reminders to the CPIO vide his letters dated 24-6-2011, 9-7-2011. The CPIO vide his letter dated 22-7-2011 provided the requisite documents to the appellant.

    4. Having considered the submissions of the CPIO and the appellant, the Commission observes that there is a delay of 42 days in providing of requisite records to the appellant. The documents requested on 9-6-2011 after inspection, were provided only on 22-7-2011. The FAA, CESTAT is hereby directed to consider the submissions of Shri Mohinder Singh, CPIO and identify the person responsible for the delay and recover the penalty amount from him. If both are responsible, the penalty should be recovered on pro-rata basis from both Shri Mohinder Singh, CPIO and Shri Pramod Kumar, Deemed CPIO.

    5. Penalty of Rs. 10,500/- (Rupees ten thousand five hundred only) for the delay of 42 days @ Rs. 250/- per day is imposed u/s 20(1) of the RTI Act, 2005, which shall be recovered in 5 monthly instalments of Rs. 2,100/- (Rupees two thousand one hundred only) either from both Shri Mohinder Singh, CPIO and Shri Pramod Kumar, deemed CPIO on pro-rata basis or from any one of them, identified responsible for the delay, by the FAA, from their pay and allowances from the month starting June, 2012 to October, 2012.

  3. In response to the Commission''s above order, a letter No. 06/37(A)/2011/CESTAT/APA-ND/2011, dated 15-6-2012 was received from Shri Mathew John, First Appellate Authority, CESTAT, wherein he stated that he had called for the explanations of both the officers in the matter and also heard them personally. The information called for did not exist in any single or specified documents in CESTAT but was scattered in a number of files and...

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