Thursday 5 September 2013

Find correct address of third party first prior to seeking information about that person under RTI

The Commission is of the view that in case the appellant requires the
information, he may provide the correct address and last posting of Shri Hari Prasad
to the CPIO to enable him to comply with the orders of the FAA. 
CENTRAL INFORMATION COMMISSION
Room No.-307, 2nd Floor, B-Wing, August Kranti Bhawan
Bhikaji Cama Place, New Delhi-110066.
Website : cic.gov.in
Telephone No.: +91-11-26105682
File No.CIC/RM/A/2013/000598
Appellant: Shri M. Pandit, Kolhapur
Public Authority: DCIT (Hqrs.)(Admn.) and CCIT, Kol-1, Kolkata
Date of Hearing: 30.08.2013
Date of decision: 30.08.2013
Heard today, dated 30.08.2013 through video conferencing.
Appellant not present.

The Public Authority is represented by RS Biswas, Addl CIT HQ(Admn) Kolkata/FAA
along with Shri Vinod Kumar Agrawal, DCIT/CPIO. 
FACTS
Vide RTI dt 15.2.11, appellant had sought attested copy of Caste certificate of
Shri Hari Prasad, retired Addl Commissioner, Income Tax.
2. CPIO response (copy not available).
3. An appeal was filed on 20.4.11. (copy not available).
4. AA vide order dt 19.5.11, observed that the CPIO vide his letter dt 8.3.11, had
denied information u/s 8(1)(j) as the appellant had not shown any larger public
interst. Moreover, the CPIO had observed that due to insufficient information, he had
not been able to gather the opinion of third party Shri Hari Prasad. In the appeal,
filed on 20.4.11, additional information relating to Shri Hari Prasad was provided. AA
remanded the case to the CPIO for taking appropriate action after applying the
provisions of Section 11 and Section 8 of the RTI Act and to inform the appellant of
his decision within thirty days.
5. Submissions made by the public authority were heard. FAA submitted that on
the basis of information provided by the appellant, a letter was issued to Shri Hari
Prasad in Lucknow to seek his views as required u/s 11. This letter was returned by
the postal authorities with the remark that addressee was not residing there. AA
further clarified that they are not in possession of the Caste certificate and they are
also not aware of the last posting of Shri Hari Prasad before retirement. In the
absence of the appellant, his views could not be ascertained.
DECISION
16. The Commission is of the view that in case the appellant requires the
information, he may provide the correct address and last posting of Shri Hari Prasad
to the CPIO to enable him to comply with the orders of the FAA. 
The appeal is disposed of.
Sd/-
 (Rajiv Mathur)
Central Information Commissioner 

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