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By Shree Vathsan
I have been falsely implicated in a case by police for removing illegal banners. They have remanded me under Sec506(II) Attempt to murder on complaint from ruling party men. Though the FIR is available online I want copy of other documents like complaint letter, confession letter in which they have forcibly made me sign. I also want the CCTV footage of the police station at that particular date and time.
I have already filed RTI in this regard and have had the information denied under Article 8 1 (h) saying the case is under investigation. Is this correct? Will First appeal be of any help?
Central Information Commission
Dated, the 20th September, 2006
Name of the Appellant : Sh. Pradipta Dutta, B-141 Chittaranjan Park, New Delhi â€“ 110 019
Name of the Public Authority: Directorate of Income Tax (Legal & Research) (DIT), 3rd floor, Drumshaped Building, I.P.Estate, New Delhi- 110 002. DECISION
Facts of the Case:
The appellant had sought certain information in the form of queries, whichhave been duly responded by the CPIO and the appellate authority as well. Hehas however filed an appeal before the Commission against the reply of theappellate authority and prayed that the CPIO of DIT (L&R) be directed to furnishinformation with respect to his following queries:
â€œKindly inform why ITOs have been posted at DIT (L&R) even though there is no corresponding post in the same pay-scale at ITJSection, CBDT. What functions are the ITOs expected to discharge at DIT (L&R)?
Kindly inform why ITOs at DIT (L&R) are being forced, under threat of disciplinary action, to perform the functions of an Asstt.Commissioner without being paid officiating pay.â€
In its oft-repeated decisions, the Commission has advised the informationseekers that they ought not seek the views and comments of the CPIO on the questions asked by them. Yet, in the garb of seeking information mainly for redressal of their grievances, applications from requesters are filed. The CPIOâ€™s in turn, have also ventured to answer them. Thus, the information seekers as providers have erred in interpreting the definition of information.
A CPIO of any public authority is not expected to create and generate a fresh, an information because it has been sought by an appellant. The appellant is, therefore, advised to specify the required information, which may be provided, if it exists, in the form in which it is sought by him.
The information sought relate to duties and responsibilities of ITOs deployed at different locations and the salary or compensation paid to them.Under Section 4(1) of the Act, all the public authorities are required to disclose such information as above. Had it been done by the respondent, the CPIO could have informed the applicant about the source where from he could have obtained the information. The need for filing application for information and this appeal could have thus been avoided. In pursuance of the principle of maximum disclosure, as u/s 4(1) of the Act, the CPIO is directed to disseminate the information so that in future, such applications are minimized.
The appeal is accordingly disposed of.
(Prof. M.M. Ansari)
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