के (cid:3)ीय सूचना आयोग Central Information Commission बाबा गंगनाथ माग(cid:18), मुिनरका

Baba Gangnath Marg, Munirka नई िद(cid:24)ी, New Delhi – 110067 File No: CIC/CCCPC/A/2023/654224 Polidasari Nagaraju .….अपीलकता(cid:18)/Appellant VERSUS बनाम PIO, Office of the Asst. Commissioner of Central Tax, GST Division, Near Children's Park, N R Peta, Kurnool – 518001 ….(cid:29)ितवादीगण /Respondent Date of Hearing : 07.04.2025 Date of Decision : 23.04.2025 INFORMATION COMMISSIONER : Vinod Kumar Tiwari Relevant facts emerging from appeal:

RTI application filed on : 19.09.2023 CPIO replied on : 16.10.2023 First appeal filed on : 20.10.2023 First Appellate Authority’s order : 23.11.2023 2nd Appeal/Complaint dated : 07.12.2023 Information sought:

The Appellant filed an RTI application (offline) dated 19.09.2023 seeking the following information:

“1) Sir. About our salaries CGIT Labor Court HYD ORDER Date.20/4/2023.& 26/06/2023.New Delhi Under Secretary to The Govt of India. And our request letter Date.17/08/2023.

(1) P. Nagaraju. (2) P. Sreenuvasulu (3) B. Vanamanna. She said to pay their salaries.

1.P. Nagaraju Salary With Interest Total Amount:87960×12%=98515.

2. P. Sreenuvasulu Salary With Interest Total Amount:87960×12%=98515.

3.B.Vanamanna Salary With Interest Total Amount:87960×12%-98515.

Total amount. Ra 2.95.545.

What is the reason for not giving till today?

Give or please let me know.

Copy of sanction order if given. Check Payment Receipt. Need xerox.

2) Our CAT Tribunal HYD. O.Α. Νο 1126/2019. My request letter Date:11/05/22. What action did you take? A Xerox copy of the same is required.”

The CPIO furnished a reply to the Appellant on 16.10.2023 stating as under:

“1. It is to inform that this office had already paid the amount towards the manpower services of the applicant through the outsourcing agency/contractor/service provider i.e. M/s. Sri Krishna Employment Information and Services, Kurnool for the period from 01.12.2004 to 31.01.2007. The Department has paid the total amount of manpower services in respect of all the outsourcing employees to the concerned service provider.

Hence, it is clear that the Labour Dispute is between the Outsourcing agency/Contractor and the applicants and the Department is not a party to the same at any given point of time as no amount was withheld by this office.

2. The issue regarding CAT OA NO. 1126/2019 and review application No.28/2022 and CAT Order dated 28.02.2023 is dealt by Hqrs Office, Tirupati.”

Being dissatisfied, the appellant filed a First Appeal dated 20.10.2023. The FAA vide its order dated 23.11.2023, held as under.

“On going through all the available records and information obtained from concerned office/section, I reached at the conclusion that:

(i) The information furnished by the CPIO/Assistant Commissioner of Central Tax, Kurnool Division in respect of the first part of RTI application is based on records available with the office. As such, no intervention is required.

(ii) With regard to the second part of the RTI application, the CPIO is under obligation to transfer the application to the Headquarters office under Section 6(3) of RTI Act, 2005. However, the information as received from the concerned section of Headquarter office is furnished as under:

"In respect of CAT order dated 28.02.2023 in Review Application No.28/2022 in O.A.No.1126 of 2019, the department filed an appeal in Hon'ble High Court of Telangana vide W.P. 29583 of 2023 and the same was disposed on 02.11.2023. However, the details of the order are yet to be uploaded (on the website of) Hon'ble High court of Telangana."

Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.

Relevant Facts emerged during Hearing:

The following were present:-

Appellant: Absent Respondent: Shri S. Sunder Raju, CPIO/ Assistant Commissioner, appeared through video conference.

The respondent while defending their case inter alia submitted that they had filed detailed written submissions dated 02.04.2025 dis