Central Information Commission
CIC Bhawan, Baba Gangnath Marg Munirka,New Delhi – 110 067
Phone:26183053
SECOND APPEAL UNDER SECTION 19(1) OF THE RIGHT TO INFORMATION ACT, 2005
- D. No…………. (For official use)
BETWEEN:
<Name> — Petitioner
<Address>
AND
Central Public Information Officer — Respondent 1
Principal Chief Commissioner of Income Tax (CCA), Pune
First Appellate Authority — Respondent 2
Principal Chief Commissioner of Income Tax (CCA), Pune
To,
Central Information Commission
CIC Bhawan, Baba Gangnath Marg
Munirka,New Delhi – 110 067
Phone:26183053
From,
<Name>
<Address>
Subject: Second Appeal.
Reason for Appeal:
- Aggrieved by no response received from public information officer for my RTI application dated 25/07/2018
- No response received for first appeal dated 23/09/2018
Dear Sir,
I am <Name>, citizen of India, submits a second appeal under section 19(1) of the RTI Act 2005 for favor of consideration order or orders.I submit the details as under:
- Name and address of the appellant
<Name>
<Address>
- Name and address of the Central Public Information Officer to whom the application was addressed
Principal Chief Commissioner of Income Tax (CCA), Pune
- Name and address of the First Appellate Authority Who decided the First Appeal
Principal Chief Commissioner of Income Tax (CCA), Pune
- Particulars of the application
- The appalent has filed an RTI application to Director General of Income Tax (Inv.) Hyderabad bearing registration no DGIIH/R/2018/50049 dated 16/06/2018
- That the CPIO transferred the application to Directorate General of Tax Payer Services bearing registration no DGTPS/R/2018/50036 dated 13/07/2018
- That the CPIO transferred the application to Prinicipal Chief Commissioner of Income Tax (CCA) , Mumbai bearing registration no CCITM/R/2018/80140 dated 25/07/2018
- Finally the CPIO transferred the application to Principal Chief Commissioner of Income Tax (CCA), Pune bearing registration no CCITP/R/2018/80059dated 25/07/2018.
- That PIO even after a lapse of 35 days did not respond to the application
- The appellant finally filed an appeal to FAA Principal Chief Commissioner of Income Tax (CCA), Pune bearing registration no CCITP/A/2018/60018 dated 23/09/2018
- That the FAA even after a lapse of 45 days failed to reply.
- Particulars of the order(s) including number, if any, against which the appeal is preferred
- The Appellant had submitted first appeal under RTI Act, 2005 to FAA Principal Chief Commissioner of Income Tax (CCA), Pune bearing registration no CCITP/A/2018/60018 dated 23/09/2018. And public information officer didn’t reply on the same.
- Brief facts leading to the appeal
- The Applicant had filed a RTI under Right to Information Act 2005 seeking information as under.
Particulars of information requested:
Name: xx
PAN no: xx
Date of birth: xxx
Relation: Spouse
Information requested:
1. Whether the person is working.
2. Whether the person is working under salaried class
3. If in business what is the nature of business
3. What is the slary/income being drawn
4. What are the movable assets of the person
5. What are the immovable assets of the person
6. Whether the person is undeer any liabilities
7. If the answer for 6 is yes, what are liabilities of the person
- That, PIO even after a lapse of 35 days did not respond to the application
- The Appellant had submitted first appeal under RTI Act, 2005 FAA Principal Chief Commissioner of Income Tax (CCA), Pune bearing registration no CCITP/A/2018/60018 dated 23/09/2018 And public information officer didn’t reply on the same.
- Prayer or relief sought
- Appellant prays to provide the information as soon as possible.
- Appellant prays in front of Hon’ble Second Appellant Authority to take strict action for creating mental harassment and wasting the time of the Applicant,
- Appellant prays in front of Hon’ble Second Appellant Authority for directions to PIO to provide information as expeditiously as possible.
- Grounds for the prayer or relief
- The Applicant had filed a RTI under Right to Information Act 2005 seeking information seeking the information about my spouse xxx having PAN no. xxx
- That, PIO even after a lapse of 35 days did not respond to the application
- The Appellant had submitted first appeal under RTI Act, 2005 FAA Principal Chief Commissioner of Income Tax (CCA), Pune bearing registration no CCITP/A/2018/60018 dated 23/09/2018 and public information officer didn’t reply on the same.
- CASE LAW
- CENTRAL INFORMATION COMMISSION Complaint No.:-CIC/BS/C/2016/000176-BJ Ms. Tulika Saxena vs Commissioner of Income Tax, O/o. Asstt. Dated 26.04.2017 in which the Complainant vide her RTI application sought information regarding income and income tax details of her husband Mr. Gaurav Saxena for FY 2009-2010 to 2014-2015 etc.
Decision
Keeping in view the facts of the case and the information available on record,
it is evident that no reply had been furnished to the Complainant in
accordance with the provisions of the RTI Act, 2005 which is a grave violation
of the provisions of the Act. The Commission, instructs the CPIO to show cause why action should not be taken under the provisions of the Act for this misconduct and negligence. The Commission therefore, directs the respondent to:
1- provide a suitable response to the Complainant within a period of 10 days in accordance with the provisions of the RTI Act, 2005;
- Central Information Commission File No:CIC/RM/A/2012/000038/LS Ms Juhi Jadli vs Income-tax Department, Noida dated 03.06.2013 in which point number 2 By RTI application dated 07.09.2011, the appellant had sought thefollowing information about her husband Shri Shobhit Garg :
(i) Source of income declared by him;
(ii) Details of deductions, such as housing loans, LIC etc., claimed by him;
(iii) Certified copies of the ITRs filed by him for the years 2006-07 to 2010-11
Decision
It appears to me that there is estrangement between the husband and
the wife. The wives generally try to collect this information for canvassing
their cases in the Family Courts for grant of maintenance. A wife can not
be treated as third party in the strict sense of the term, so long as the
marriage subsists. That, after divorce, the legal position changes. I
am told that marriage still subsists between the appellant and Shri
Shobhit Garg. Hence, it will not be correct to deny information on the
ground that the appellant is a third party. In the given facts, I order that
gross income and net taxable income declared by Shri Shobhit Garg in the
last ITR filed by him, may be disclosed to the appellant. No other
information is required to be disclosed
The below stated are judgements along with this appeal. These latest judgements emphasizes on the words like “Public interest”, “third party”, “8(1)(e) or 8(1)(j)” and why a CPIO can provide information to spouse.
- CIC Complaint No.: CIC/EPFOG/A/2018/627668 (Kapil Agarwal v PIO, EPFO, Haryana) 12-Sep-18
- CIC Complaint No.: CIC/EPFOG/A/2018/611853 (Pratinav Jain v PIO, EPFO, Bangalore) 29-May-18
- Some additional latest CIC judgements are aslo listed as below.
As per the below 2017, 2018 LATEST Judgements, CIC has mentioned time and again that the spouse is not third party when marriage subsists. Hence, requested information should not be denied and needs to be provided within stipulated time to secure justice. The 2017, 2018 LATEST CIC Judgements can be referred in the below Cases.
- Any other information relevant to the appeal
Attachment:
- Online responses/statuses of RTIs
- Online status of appeal
- My Voter ID card scan
- Marriage Certificate
- My Adhar card scan
- xxxxx (Spouse’s) Adhar card Scan
- Request: It will be very hard for me to be physically present there, So please if possible request you to arrange for Video conferencing if possible.
Appellant/Petetioner Date: 06-Dec-2019
xxxx
