O R D E R

1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO) O/o. The Chief Commissioner of Central Tax (CGST), Bhopal. The appellant seeking information on thirteen points, including inter-alia as under:-

“Kindly refer to order F. No. II (03)01-Vig/2015/IND/821 dated 23.08.2019, issued by the Commissioner, CGST &Central Excise Hqs, for premature retirement of the appellant.

i) Certified copies of Annual confidential reports/ APAR’s period from

2008-09 to 2018-19 ii). Certified copies of Notes/Minutes of the Screening committee held for the purpose of FR 56j/Pre-mature retirement of the applicant.

iii). Certified copies of Notes/Minutes of the Review committee held for the purpose of FR 56j/Pre-mature retirement of the applicant.

iv). Certified copies of Notes/Minutes of the Approval committee held for v). Certified copies of the Departmental note sheets, communication and other material to indicate “Act or Omissions” on the part of the applicant resulted in pre-mature retirement”. Etc.

2. As the CPIO had not provided the requested information, the appellant filed the first appeal dated 10.10.2019 requesting that the information should be provided to him. The first appellate authority vide its order dated 25.11.2019, upheld the reply furnished by the CPIO and disposed of his first appeal. Thereafter the appellant filed a second appeal u/Section 19(3) of the RTI Act before the Commission on the ground that information has not been provided to him and requested the Commission to direct the respondent to provide complete and correct information.

Hearing:

3. The appellant attended the hearing through audio-call. The respondent, Shri Sunil Kumar Kaushal, Asst Commissioner/ CPIO attended the hearing through audio-call.

4. The respondent submitted their written submissions dated 19.08.2021 and the same has been taken on record.

5. The appellant submitted that complete and correct information has not been provided to him by the respondent on his RTI application dated 07.09.2019. He further submitted that the respondent also failed to furnish the reply in time as the RTI was filed under Sec. 7(1) of the Act, which concerns the life or liberty of a person and hence pleaded that appropriate action be taken against the respondent.

6. The respondent while reiterating the replies of the CPIO/ FAA submitted that vide their letter dated 19.09.2019, they have denied the information on few points to the appellant under Section 8(1)(h) of the RTI Act. The FAA vide its order dated 25.11.2019 has also upheld the reply of the CPIO.

Decision:

7. The Commission, after hearing the submissions of both the parties and after perusal of records, observes that the identical RTI applications of the appellant has already been heard and adjudicated by the Commission vide second appeals no. CIC/CCEBH/A/2019/159659, CIC/CCEBH/A/2019/159660 & CIC/CCEBH/A/2019/159661, heard on 19.08.2021. Hence the present matter be treated as disposed of along with the same order and accordingly no further intervention of the Commission is required in the matter.

8. However the CPIO is directed to remain cautious in future and ensure that reply should be given to the RTI applicants within stipulated period of time as per the provisions of the RTI Act.

9. With the above observations, the appeal is disposed of.

10. Copy of the decision be provided free of cost to the parties.

Neeraj Kumar Gupta ( )

नीरज कुमार गु(cid:3)ा

Information Commissioner ( )

सूचना आयु(cid:7)

/ Date : 24-08-2021 (cid:11)दनांक Authenticated true copy ( )

अिभ(cid:23)मािणत स(cid:28)यािपत (cid:23)ित S. C. Sharma ( . . ), एस सी शमा(cid:10)

Dy. Registrar ( - ), उप पंजीयक (011-26105682)

Addresses of the parties:

1. CPIO O/o. the Chief Commissioner of Central Tax (CGST), Customs & Central Excise, GST Bhawan, 35-C, Administrative Area, Arera Hills, Bhopal-462011

2. Mr. K. C. Mandal