Chairman, Income Tax Settlement Commission Vs Mr. R K Jain (Central Information Commission)
As regards the issue of breach of jurisdiction by the CPIO/ FAA and their competence to hear and decide the RTI application/ First Appeal, the Commission felt that it was an internal administrative matter which was required to be dealt with by the Respondent Public Authority and did not require any interference of the Commission. Also, the Hon’ble High Court of Delhi in para 6 of its order dated 05.12.2014 had held that the orders under consideration were passed under the RTI Act and in that sense were in exercise of the statutory powers.
The Commission however felt that there was palpable lack of communication/ internal co-ordination within the Public Authority that needs to be revisited and strengthened within the Public Authority itself.
Full Text of the CIC Order is as follows:-
FACTS:
The Appellant (Chairman, ITSC) represented that he was aggrieved by the response of the CPIO, ITSC, Principal Bench, New Delhi vide letter dated 26.09.2013 and the order passed by the FAA, ITSC, Principal Bench, New Delhi on 21.10.2013 who had allowed partial disclosure of information to the RTI Applicant.
Explaining the background of the case, the Appellant stated that it was a Public Authority and the RTI applicant had sought information regarding the functioning of the Respondent Public Authority. The FAA had partly allowed the First Appeal of the RTI applicant which was without any authority of law and was erroneous, unjustified, unwarranted and deserved to be quashed under the law since the information pertaining to the working of a quasi judicial body could not be disclosed under Section 8(1)(b) of the RTI Act,2005.
The RTI Applicant (Respondent no.1) vide his letter dated 21.06.2017 had sought adjournment of 06 weeks in the instant matter and had requested the Commission to fix a new date of hearing. Moreover, it was also informed that a copy of the Second Appeal was not served upon him and that the present
Appeal by the Chairman, ITSC was not maintainable under Section 19 of the RTI Act, 2005.
