CIC/SS/A/2012/000301. Case: R.K. Jain Vs CESTAT, New Delhi. Central Information Commission

Case NumberCIC/SS/A/2012/000301
CounselFor Appellant: Shri R. K. Jain, Adv. and For Respondents: Shri Naresh Kumar, Deputy Registrar, S. K. Verma, Assistant Registrar and S. Chandran, Registrar
JudgesMs. Sushma Singh, Information Commissioner
IssueRight to Information Act, 2005 - Sections 7, 20
Judgement DateDecember 19, 2012
CourtCentral Information Commission


  1. Shri R.K. Jain, hereinafter called the appellant has filed this appeal-cum-complaint dated 29-9-2011 before the Commission against the respondent Customs, Excise & Service Tax Appellate Tribunal (CESTAT), New Delhi for non-compliance of FAA''s order dated 10-8-2011 by the CPIO pertaining to his RTI-application dated 11-5-2011. The matter came for hearing on 15-5-2012. The appellant was present whereas the respondent were represented by Shri Naresh Kumar, Deputy Registrar, Shri S.K. Verma, Assistant Registrar and Shri S. Chandran, Registrar.

  2. The appellant filed an application dated 11-5-2011 under the RTI Act, 2005, in which he sought the following information -

    (A) Please provide copy of the interim report submitted by the Inquiry Committee in September 2009 on perusal of which the Hon''ble President CESTAT extended the period of inquiry by his order dated 15-9-2009;

    (B) Please provide date-wise details of the action taken on the interim report submitted in September 2009; and

    (C) Please provide inspection of entire records, files, documents, interim reports and note-sheets etc. and also of all orders extending period of Enquiry Committee. Please also supply copies thereof.

  3. Aggrieved by non-receipt of information from the CPIO within stipulated period, the appellant filed first-appeal on 23-6-2011 before the FAA. The FAA vide his order dated 10-8-2011 held that it was ascertained from Registrar of CESTAT that Hon''ble President CESTAT has since rejected the final report submitted by the Committee and has appointed a new Committee to enquire into the matter and submit a fresh report. So there is no valid reason to claim any exemption from providing the information called for by the appellant. The FAA directed the CPIO to call for the information requested for by the appellant from the Registrar CESTAT and furnish it to the appellant within 10 days from the date of order. In compliance with the FAA''s direction Shri S.K. Verma, Assistant Registrar & CPIO vide letter dated 16-9-2011 provided 11 pages of...

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