Information relating to reopening of assessment - Appellant filed a complaint with the CIC against the order of the PIO and simultaneously asked the FAA to treat the complaint as his appeal - CIC: case remanded to FAA with directions to dispose the matter
Vide RTI dt 15.5.13, appellant had sought information on 3 points and subpoints relating to reopening of assessment of Late Rahti Devi.
2 CPIO vide letter dt 13.6.13, provided a response.
3. An appeal was filed on 22.6.13.
4. AA vide order dt 8.7.13 observed that the appellant has filed a complaint with the CIC against the order of the CPIO and at the same time had asked FAA to treat this complaint as his appeal. FAA observed that as the matter is before the CIC, the FAA cannot adjudicate upon this issue and disposed of the appeal.
5. Submissions made by the appellant and public authority were heard. Appellant submitted that he has filed a complaint to the Commission against the decision of the CPIO and at the same time, he wanted information to be provided to him as sought in his RTI.
6. The Commission finds that the appellant submitted a complaint to the Commission and sent a copy of the complaint to the FAA with the request that the complaint may be treated as an appeal and CPIO be directed to furnish the desired information to him. As the appellant is seeking both information and also complaining against the decision of the CPIO, we remand the case to the FAA with directions to dispose of the case as per the provisions of the RTI Act. The appeal is disposed of.
Central Information Commissioner
Citation: Shri Vidya Sagar Garg v. DCIT in File No.CIC/RM/A/2013/000755