Amresh Chandra Mathur Vs CPIO (Central Information Commission)
Central Information Commission held that CPIO (Center Public Information Officer) can genuinely and bonafidely entertain the belief and hold the view that the information sought by the querist cannot be provided. Accordingly, penal action cannot be initiated against CPIO without any malafide intention for refraining to provide information.
Facts-
The complainant filed an RTI application dated 28.11.2020 seeking various GST related information of Jio Digital Fibre Private Limited. To that CPIO furnished point-wise reply and refrained from replying many points. Not satisfied, the complainant filed an RTI application dated 22.01.2021 with Respondent No. 1 seeking same GST related information. To that CPIO/ respondent no. 1 provided point-wise reply but refrained from replying many points.
The Respondent no. 1 furnished an additional reply to the Complainant on the same date i.e. 03.03.2021 by denying the information under Section 8(1)(d) of RTI Act.
Being dissatisfied, the complainant filed a First Appeal dated 09.03.2019. FAA’s order, if any, is not available on record.
Feeling aggrieved and dissatisfied, the complainant approached the Commission with the instant set of Complaint.
The Complainant further narrated his grievance regarding laying down of wi-fi transmission cable lines by the Jio Fibernet Ltd. passing through his house which created disruption in his easement right of way to his home. Such circumstances led him to resort to RTI Act; however he is aggrieved by the fact that the CPIO did not facilitate him complete desired information after liasioning with the private entity i.e. Jio Fibrenet Pvt. Ltd. as per Section 2(f) read with Section 2(j) of the Act.
He also contested the fact that his RTI Applications has been transferred to the Respondent no. 2 without application of mind for which he prayed the Commission that the CPIO should be penalized for the alleged faults.
Conclusion-
Held that Respondent no. 1 adequately suffices the information sought by the Complainant in terms of RTI Act. Moreover, the Commission is not inclined to accept the contention of the Complainant for initiating penal action against the CPIO in the absence of any malafide ascribed on their part.
The Hon’ble Delhi High Court in the matter of Registrar of Companies & Ors. v. Dharmendra Kumar Garg & Anr. has held that it can happen that the PIO may genuinely and bonafidely entertain the belief and hold the view that the information sought by the querist cannot be provided for one or the other reasons. Merely because the CIC eventually finds that the view taken by the PIO was not correct, it cannot automatically lead to issuance of a show cause notice under Section 20 of the RTI Act and the imposition of penalty. The legislature has cautiously provided that only in cases of malafides or unreasonable conduct, i.e., where the PIO, without reasonable cause refuses to receive the application, or provide the information, or knowingly gives incorrect, incomplete or misleading information or destroys the information, that the personal penalty on the PIO can be imposed.
FULL TEXT OF THE JUDGMENT/ORDER OF CENTRAL INFORMATION COMMISSION HIGH COURT
Information sought:
The Complainant filed an RTI application dated 22.01.2021 with Respondent no. 1 seeking the following information:
A. I submitted a RTI DOREV/R/E/20/03467 to department of Revenue seeking information reproduced in Para C) and through CBECE/R/T/20/01555 RTI Application was finally transferred to CPIO (CGST, Gurugram) vide RTI No GSTPK/R/T/20/00071 .(page 1 of the attachment) CPIO (CGST, Gurugram) in response stated that most of the requested information will be available with CGST/SGST, Ghaziabad (Page 2 and 3 of the attachment).
B. Thereafter I submitted a RTI CCEMT/R/E/21/00003 to CPIO CGST Ghaziabad seeking information (reproduced in Para C) .( page 1 of attachment) CPIO CGST Ghaziabad has stated that no information is available with him for the reasons mentioned in his letter which is self-explanatory. (Page 4 of the attachment)
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Kindly refer to the attached letters addressed to Jio Digital Fibre private limited, Reliance House, R K 4, Square Building No 4, DLF Cyber City, Gurgaon 122002, Haryana by Nagar Nigam Ghaziabad and provide information taking cognizance of definition of information u/s 2(f) also into consideration:
1) Name and address of the GST office(s) responsible for collection/accounting of GST for work being executed by Jio Digital fibre private limited, in view of letters addressed to Jio Digital Fibre Private limited as per attached letter.
2) Description of taxable services and accounting codes, for payment of service tax applicable to the Jio Digital Fibre private limited, in view of letters addressed to Jio Digital Fibre private limited by Nagar Nigam Ghaziabad as per records of GST office(s) named in response to query 1.
3) Value of taxable services as per record of GST office(s) named in response to query 1.
4) In respect of Jio Digital fibre Private limited
a. Name of the organization, for which Jio Digital Fibre private limited, is digging earth and laying cables, after taking permission from the local authorities as per attached letter and its GST no, as per records of GST office(s) named in response to query 1.
b. Place of Provision of services as per records of GST office(s) named in response to query 1.
c. GST no. of Jio Digital Fibre private limited.
d. GST paid by Jio Digital Fibre private limited or having taken credit of GST paid by its contractors executive work as per attached letters, till 30 September 2020 during FY 2020-21.
e. Contract value of work on which GST will be accounted for by the office named in para 1.
f. GST paid by Organization named in para 4a in respect getting work executed/ being executed through Jio Digital Fibre private limited or having taken credit of GST paid by Jio Digital Fibre private limited till September 2020.
The CPIO/ Respondent no. 1 furnished a pointwise reply to the complainant on 03.03.2021 stating as under –
1. In view of the Nagar Nigam Ghaziabad letter, the place of service is Ghaziabad which falls under the jurisdiction of CGST/SGST Ghaziabad.
2. The letter addressed by Nagar Nigam Ghaziabad to M/s Jio Digital Fibre Pvt. Limited, Gurugram, pertains to the terms and conditions for laying down digital cable and digging of road, earthing etc. However, this office can only provide the names and accounting code of services for which M/s Jio Digital Fibre Pvt. Ltd. Is registered within the jurisdiction of this office, which is as under:-
