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2018 Supreme(Del) 2678

VIBHU BAKHRU
Central Public Information Officer – Appellant
Versus
Hemanta Kumar Behera – Respondent


Advocates Appeared:
For the Petitioner: Mr. Zoheb Hossain, Sr. Standing Counsel for Revenue and Mr. Piyush Goyal.
For the Respondent: Mr. Jaladhar Das, Mr. Dipak Kumar Jena.

JUDGMENT :

VIBHU BAKHRU, J.

1. The petitioner (CPIO) has filed the present petition under Article 226 of the Constitution of India impugning the order dated 13.06.2017 (hereafter ‘the impugned order’) passed by the Central Information Commission (hereafter ‘CIC’).

2. By the impugned order, the CIC has allowed the second appeal preferred by the respondent under Section 19(3) of the Right to Information Act, 2005 (hereafter ‘RTI Act’) by directing the petitioner to provide the information as sought by the respondent by his application filed on 12.03.2016. The CIC has also called upon the petitioner to show cause as to why action should not be taken under Section 20(1) of the RTI Act for failing to provide the information within the prescribed time.

Factual Background

3. On 12.03.2016, the respondent filed an application with the petitioner (CPIO, Office of the Income Tax Officer, Ward No. 32(5), New Delhi) seeking information in respect of the Sales Turnover Figure and Net Profit Figure of M/s P.K. Himatsingka & Co. for the Financial Years 2012-2013, 2013-2014 & 2014-2015 and copy of the firm‘s ITR - V return for the Assessment Year 2013-2014, 2014-2015 & 2015-2016.

4. On 08.04.2016, the p

























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