के (cid:574)ीय सूचना आयोग Central Information Commission बाबा गंगनाथ माग(cid:330), मुिनरका

Baba Gangnath Marg, Munirka नई िद(cid:671)ी, New Delhi – 110067 File No: CIC/CEXCH/A/2024/120851 Rudra Pratap Singh .….अपीलकता(cid:330)/Appellant VERSUS बनाम CPIO, Office of the Commissioner of GST and Central Excise, 26/1, Mahatma Gandhi Road, Nungambakkam, Chennai – 600034 ….(cid:366)ितवादीगण /Respondent Date of Hearing : 03.03.2026 Date of Decision : 25.03.2026 INFORMATION COMMISSIONER : Vinod Kumar Tiwari Relevant facts emerging from appeal:

RTI application filed on : 21.02.2024 CPIO replied on : 23.04.2024 First appeal filed on : 25.03.2024 First Appellate Authority’s order : 22.04.2024 2nd Appeal/Complaint dated : 26.06.2024 Information sought:

1. The Appellant filed an RTI application dated 21.02.2024 (online) seeking the following information:

“(i) Kindly Please Provide Me the Copy of Written Statement of Defence, if any, as available with Shri Bidhan Chandra Ji, Honourable Commissioner and CIC/CEXCH/A/2024/120851 Page 1 of 9 Inquiring Authority, which was Submitted by Me i.e. the Government Servant by the name of Rudra Pratap Singh, Additional Commissioner with Employee Code of 3411, against whom the Disciplinary Proceedings, were initiated by issuance of Charge Memorandum No. 21 / 2022 Dated 01st December 2022, issued vide F. No. C – 14011 / 12 / 2022 – Ad. V / 11089; and it is also to Inform here that Clear Cut Statutory Provisions with respect to Ensuring the Submission of Written Statement of Defence by the Government Servant are already there, as Mentioned supra i.e. under Clause (b) & Proviso of Sub – Rule (4) of Rule 14 and under Clause (ii) of Sub – Rule (6) of Rule 14 of the of the Central Civil Services (Classification, Control & Appeal) Rules, 1965;

(ii) Kindly Please Provide Me the Authenticated Copy of the Proof of the Delivery of the Documents (as referred to in sub-rule (3) of CCS (CAA) Rules, 1965 supra), to the Government Servant i.e. to Me i.e. Rudra Pratap Singh, Additional Commissioner with Employee Code of 3411; which is Mandatory under Clause (a) of Sub Rule (4) and Clause (iv) of Sub – Rule (6) of Rule 14 of the Central Civil Services (Classification, Control & Appeal) Rules, 1965 (supra) and which was Compulsorily Sent to Shri Bidhan Chandra Ji, Honourable Commissioner and Inquiring Authority in My Disciplinary Proceedings Case (as initiated by Charge Memorandum No. 21 / 2022 Dated 01.12.2022), by Honourable Central Board of Indirect Taxes and Customs (CBIC); and (iii) Kindly Please also Inform to Me the Reasons for Starting the Inquiry Proceedings by Shri Bidhan Chandra Ji, Honourable Commissioner and inquiring Authority, in the Disciplinary Proceedings, which were initiated against Me (i.e. Rudra Pratap Singh, Additional Commissioner with Employee Code of 3411) by issuance of Charge Memorandum No. 21 / 2022 Dated 01st December 2022, issued vide F. No. C – 14011 / 12 / 2022 – Ad. V / 11089; without Receipt of My Written Statement of Defence and without Receiving the Proof of Delivery of Serving of the said English Translation of the Charge Sheet (i.e. Charge Memorandum No. 21/2022 Dated 01.12.2022 supra) to Me (i.e. the Government Servant with the name of Rudra Pratap Singh, Additional Commissioner) by Him (i.e. Shri Bidhan Chandra Ji, Honourable Commissioner and Inquiring Authority), and here, I do not Think that there is any Need to Inform to You again that Informing the Reasons of Administrative or Quasi – Judicial Decisions is Mandatory for any Public Authority (which is already under the purview of the RTI Law i.e. the Right to Information Act, 2005), which is Legally Bound, due to the Compulsions of the Statutory Provisions of Clause (d) of Sub Section (1) of Section (4) of the Right to Information Act, 2005 supra (also popularly known as the RTI Act). ”

2. The CPIO furnished a reply to the Appellant on 23.04.2024 stating as under:

CIC/CEXCH/A/2024/120851 Page 2 of 9 “Original RTI Application CEXCH/R/E/24