Outcome of TEP filed by the appellant was denied u/s 8(1)(j) - CIC: complainant has a right to know whether the information provided by him has been found to be false or true; disclose the broad outcome of the TEP once investigation is completed
1. Vide RTI dt 25.10.2012 appellant had sought information on 16 points relating to a TEP filed by him dt. 22.8.2012 against Shri Mithlesh Kumar, questioning the source of Rs. 7,00,000/- spent by him on the marriage of daughter.
2. CPIO/ITO, Khatauli vide letter dt 13.12.2012 provided a point wise response.
3. An appeal was filed on 10.1.2013.
4. AA vide order dt 6.2.2013, directed the CPIO to check if the information sought was available and to seek the views of third party, Shri Mithlesh Kumar, before parting with the information. In pursuance of the above, CPIO/ITO Khatauli, vide order dt 20.2.13, observed that the third party had objected to information being provided and hence the same was denied under section 8(1)(j) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. of the RTI Act.
5. Submissions made by the appellant and public authority were heard. CPIO submitted that the enquiry into the TEP is still ongoing. Primary report has been submitted to higher authorities for directions. Appellant submitted that the enquiry into the TEP should be expedited.
6. It has been the consistent stand of the Commission that some sort of a feedback should be provided to the information provider once investigation into a tax evasion complaint has been finalised. The complainant has a right to know whether the information provided by him has been found to be false or true. We accordingly direct the CPIO to disclose the broad outcome of the TEP to the appellant once the process of investigation is completed. Details of investigation are, however, not required to be disclosed. The appeal is disposed of.
Central Information Commissioner
Citation: Shri Praveen Kumar v. ITO in File No.CIC/RM/A/2013/000549