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/MOFIN/A/2023/628871/CCABH Sudhir Kumar Gupta .….अपीलकता(cid:18)/Appellant VERSUS बनाम PIO, O/o the Principal Commissioner of Income Tax (VU)-1, Aayakar Bhawan, Opposite White Church, AB Road, Indore – 452001 ….(cid:29)ितवादीगण /Respondent Date of Hearing : 18.06.2025 Date of Decision : 24.06.2025 INFORMATION COMMISSIONER : Vinod Kumar Tiwari Relevant facts emerging from appeal:

RTI application filed on : 21.02.2023 CPIO replied on : 15.03.2023 First appeal filed on : 20.04.2023 First Appellate Authority’s order : 19.05.2023 2nd Appeal/Complaint dated : 12.06.2023 The instant matter is being pursued by the Commission in compliance with the direction given by the Hon’ble High Court of Madhya Pradesh, Jabalpur in W.P.(C) 13638/2025 in the case titled “Shri Sudhir Kumar Gupta v. Central Public Information Officer cum Income Tax Officer and Others” dated 02.02.2025. The operating portion of the Hon’ble High Court of New Delhi’s order is reproduced below:

“…2. Considering the aforesaid, without commenting anything on merit of this case, this petition stands disposed of with a direction to respondent No. 2 to take decision on petitioner’s appeal (Annexure P/6) within a period of sixty days from the date of communication of the certified copy of this order by passing a well reasoned and speaking order in accordance with law ….”

In compliance with the above-mentioned directions, the instant Appeal is listed for hearing and disposal today.

Information sought:

1. The Appellant filed an (offline) RTI application dated 21.02.2023 seeking the following information:

“Vide notice dated 15.02.2023 issued from the office of the Superintend of Police, Lokayukt Sagar Division, I have been directed to be present before the Hon'ble Special Court, Sagar on 27.02.2023 with respect to Crime No. 145/18 of section 7, 12, 13(1)Β, 13(2) of PC Act 1988. This intimation may kindly be taken on record.

Further, it is humbly requested to provide me the following information under RTI Act 2005 presently available with your good office to enable me to defend my case in the Hon'ble Court of Lokayukt of Sagar.

1. Kindly let the undersigned know whether any sanction for prosecution has been accorded? If so, kindly provide a certified copy of the prosecution sanction order.

2. Kindly make available certified copy of the complete correspondence, your good office had in this regard with the Lokayukt establishment in granting prosecution sanctioned by your Honour.

3. Kindly provide certified copy of the document based on which t was decided upon that it is a fit case for according sanction for prosecution.

4. Kindly provide the copies of all documentary evidence(s) or material fact(s) handed over to the Income Tax Department by the Lokayukt, Sagar with regard to grant of approval for launching further proceedings.

5. Kindly provide the certified copy of all communication since beginning made with any other organization and response received from them.

6. Kindly provide the certified copy of day-to-day note-sheet in this regard.”

2. The CPIO furnished a reply to the Appellant on 15.03.2023 stating as under:

“i. A sanction order for prosecution u/s 19(1)(a) of the Prevention of Corruption Act, 1988 was passed on 10 01.2023. A certified copy of the same is enclosed.

ii. As, the information sought is related to Special Police Establishment, Lookout Office, Bhopal (M.P.). The same may be requested from SPE, Lokayukt Office, Bhopal.

iii. As, the information sought is related to Special Police Establishment, Lokayukt Office, Bhopal (M.P.). The same may be requested from SPE, Lokayukt Office, Bhopal.

iv. As, the information sought is related to Special Police Establishment, Lokayukt Office, Bhopal (M.P.). The same may be requested from SPE, Lokayukt Office, Bhopal.

V. As, the information sought is related to Special Police Establishmen