Central Information CommissionChetan Madhwani vs Chief Commissioner Of Income Tax (Cca) , ... on 21 August, 2020Author:Neeraj Kumar GuptaBench:Neeraj Kumar Guptaके   ीय सूचना आयोग\n                    Central Information Commission\n                         बाबा गंगनाथ माग, मुिनरका\n                     Baba Gangnath Marg, Munirka\n                     नई द ली, New Delhi - 110067\n\nि तीय अपील सं या/Second Appeal No. CIC/CCITJ/A/2019/601185\n\nChetan Madhwani                                          ... अपीलकता /Appellant\n                                    VERSUS\n                                     बनाम\n1. CPIO, Income Tax Officer, Ward                      ... ितवादीगण/Respondents\n(1)(2), Kota.\n\n2. CPIO, O/o. Chief Commissioner\nOf Income Tax, Jaipur.\n\nRelevant dates emerging from the appeal:\n\nRTI : 13-09-2018            FA     : 22-09-2018         SA : 22-01-2019\n\nCPIO : 19-09-2018           FAO : 15-01-2019            Hearing : 17-08-2020\n\n                                   ORDER1.     The appellant filed an application under theRight to Information Act, 2005(RTI Act) before the Central Public Information Officer (CPIO), O/o. Chief\nCommissioner Of Income Tax, Jaipur seeking action taken on his Tax Evasion\nPetition (TEP) dated 19-03-2018.2.     The CPIO responded on 19-09-2018. The appellant filed the first appeal\ndated 22-09-2018 which was disposed of by the first appellate authority on 15-01-\n2019. Thereafter, he filed a second appeal u/Section 19(3)of the RTI Act before\nthe Commission requesting to take appropriate legal action against the CPIO\nu/Section 20of the RTI Act, 2005 and also to direct him to provide the sought for\ninformation.Hearing:3.     The appellant, Mr. Chetan Madhwani attended the hearing through audio\nconferencing. Mr. Ramkesh Meena, ITO participated in the hearing representingPage 1 of 3the respondent(s) through audio conferencing. The written submissions are taken\non record.4.     The appellant submitted that the respondent had attached an old letter dated\n30-07-2018 along with the online reply dated 19-09-2018 thereby indicating that\nthe information sought did not pertain to the Kota office. However, O/o. Chief\nCommissioner of Income Tax, Jaipur had transferred the RTI application to the\nKota office on 13-09-2018 since the information pertained to the Kota office.5.     The respondent(s) submitted that the CPIO of Kota office had already given\na reply dated 19-09-2018 to the appellant saying that the third party information\nexempted u/Section 8(1)(j)of the RTI Act, 2005 cannot be provided to him.\nFurther, they informed the Commission that the matter is still under investigation.\nDecision:6.     This Commission observes that there is no harm in disclosing only the status\nof the TEP and therefore, the CPIO is directed to provide a reply to the appellant\nthereby indicating the current status of the TEP dated 19-03-2018, within a period\nof 15 working days from the date of receipt of this order. However, the personal\ndetails of Shri Suresh and Smt. Krishna Kumari against whom the TEP has been\nfiled cannot be disclosed u/Section 8(1)(j)of the RTI act, 2005.7.     Further it is observed that the CPIO, Kota had sent a wrong attachment\nalong with the reply dated 19-09-2018 saying that the information did not pertain\nto their office despite the fact that the CPIO, Kota was the custodian of\ninformation. Therefore, the CPIO, Kota is directed to show cause as to why penalty\nshould not be imposed on him for deliberately sending an old attachment unrelated\nto the RTI application, within a period of 15 working days from the date of receipt\nof this order.8.     With the above observations, the appeal is disposed of.9.     Copy of the decision be provided free of cost to the parties.नीरज कु मार गु ा)\n                                           Neeraj Kumar Gupta (नीरज           ा\n                                       Information Commissioner (सूसूचना आयु )\n                                                     िदनां क / Date: 17-08-2020\nAuthenticated true copy\n(अिभ मािणत स यािपत  ित)\n\nS. C. Sharma (एस. सी. शमा),Dy. Registrar (उप-पंजीयक),(011-26105682)Page 2 of 3Addresses of the parties:1.    The CPIO\n      Income Tax Officer Ward (1)(2) Office Of The\n      Income Tax Officer/CPIO Ward 1(2), Kota,\n      Dainik Navjyoti Bhawan, Awatbhata Road,\n      Kota - 324009.2.    The CPIO\n      O/o. Chief Commissioner Of Income Tax,\n      RTI Cell, NCR Building, Statue Circle,\n      Jaipur-302005.3.    Shri Chetan MadhwaniPage 3 of 3