CENTRAL INFORMATION COMMISSION
Vinod Kumar Tiwari, IC
Arjun Singh – Appellant
Versus
CPIO, Office of the Income Tax officer, Ward No. 1(3)(4), ITO Building, 16, Civil Lines, Roorkee – Respondent
Second Appeal
| Table of Content |
|---|
| 1. rti application filed seeking internal information. (Para 1 , 3) |
| 2. cpio's obligation towards applicants and legal interpretation. (Para 2 , 5) |
| 3. court acknowledges the appropriateness of cpio's response. (Para 6 , 7 , 8) |
Information sought:
1. The Appellant filed an RTI application dated 26.02.2024 (offline) seeking the following information:
“1. Please provide me with a certified copy of the office order or direction to open the Income Tax Office in Roorkee on January 13 and 14, 2024.
2. Please inform me of the provision(s) of the RTI Act, 2005, in which the receipt and dispatch register showing dates of letters received and sent, respectively, are subject to safety, privacy, and confidentiality and kept in a fiduciary capacity.
3. Please inform me of the provision(s) of the RTI Act, 2005, under which the definition of "sub-judice" matters is given.
4. Please inform me of the provision(s) of the RTI Act, 2005, under which providing information about "sub-judice" matters is barred or restricted.
5. Please provide me with a certified copy of the order or direction given by the judiciary, higher authorities, or tribunal restricting your power to provide information in connection with the so-called "sub-judice" matter (as discussed in your order dated. February 20, 2024, that was dispatched with number 1780 to me).
6. Please inform me of the provision(s) of the RTI Act, 2005, under which information sought in two different RTI applications and their further proceeding, if any, related to or comes under the ambit of "sub-judice" matters.
7. Provide me with a certified copy of the post office receipt or invoice, showing the date and EMS number by which a copy of order Dt. 15/01/2024 made under the RTI Act, 2005 on my application Dt. 12.01.2024, was sent to the First Appellate Authority under the RTI Act, 2005.”
2. The CPIO furnished a reply to the Appellant on 22.03.2024 stating as under:
“2.0 The desired information is being provided /denied in the following manner in the same sequence of paragraphs as asked by you in your application:
Para 1: The applicant demanded such an information purely associated with the internal working and internal administrative procedure of the Revenue. He may approach to the CBDT for such information who is the capable to issue or disclose such /information direction as sought by the applicant. The information asked by the applicant is not traceable in the office of the undersigned. However, for the kind information of applicant, the undersigned and the persons engaged on daily wages in the office of the undersigned perform various Multi Tasking Services duties on Saturday viz Cleaning, Gardening, Disposal of Waste, Delivery of Dak (Registered or Speed Post) with the nearest post Office which has been handed over to the daily wages workers in second half of working official hours on Friday and so on.
Since, wages for Saturday is paid to the daily workers and there also a guest house in the office building, therefore, there is security guard who perform duties on Saturday and Sunday also. Also, the workers engaged on daily wages basis performs their duties on Saturdays. For example, on this Saturday the undersigned planted trees, approached to the Nagar Nigam worker for early disposal of garbage lying sideways to the office boundary and so on.
However, in the department of the undersigned there is normal practice to work on holidays due to heavy work load, these facts may be easily understood with the fact that the CBDT has issued direction on 18.03.2024 vide Order issued F.No.225/53/2024-ITA-II dated 18.03.2024 for remain open the offices for completion of the pending departmental work for not only on closed holiday on 29.03.2024 but on Saturday (30.03.2024) and Sunday (31.03.2024) also.
Para 2 to 6: The applicant is suggested to approach at the webpage having address rti.gov.in and may read the entire "the Right to Information Act, 2005 " which is available free of cost in public domain and perus
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