Multiple applications seeking information about grant of DFIA license and issue of Post Export Benefits were rejected u/s 8(1)(h) through a common order - CIC: In the absence of the appellant his views could not be ascertained; no intervention required
19 Feb, 2014FACTS
1. Vide multiple RTIs all dated 19.10.2012 the appellant has sought information as authorized representative of Shri Vinod Kumar Jain, Prop. M/S R.K. Impex & CO. (India). Shri Jain is stated to have moved various applications for grant of DFIA license for different amounts and also issue of Post Export Benefits (VKGUY). He has sought information in respect of date of receipt of application and related issues.
2. APIO/FTDO on behalf of PIO/DDGFT vide common order dared 07.11.2012 disposed of the same with the reason that the matter is under investigation and denied information u/s 8(1)(h) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; of the RTI Act.
3. Separate appeals, all dated 05.12.2012 were filed by the appellant.
4. FAA vide common order dated 09.01.2013 disposed of the same upholding the decision of the APIO.
5. Written submissions are received from Shri AK Sinha, CPIO, dt 3.2.14 and taken on record. Submissions made by the public authority were heard. AA explained that in response to the RTI, the CPIO had denied information u/s 8(1)(h) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; of the RTI Act as the matter was pending enquiry with DRI. On receipt of clearance, DFIA licenses (7 applications) and Post Export Benefits (VKGUY) 14 applications have been cleared. As the VKGUY applications were submitted in manual form, they are required to seek confirmation from the Customs authorities and then issue the same. Three applications relating to VKGUY are currently pending for non-receipt of Customs clearance. In the absence of the appellant his views could not be ascertained.
DECISION
6. In the light of the submissions made by the public authority and the fact that the appellant chose not to appear for the hearing, we are of the view that no intervention of the Commission is required. The appeal is disposed of.
(Rajiv Mathur)
Central Information Commissioner
Citation: Shri Pankaj Saraf v. Joint Director General of Foreign Trade in File No.CIC/SS/A/2013/001287 to 001297/RM, File No. CIC/SS/A/2013/001299 to 001304/RM, File No. CIC/SS/A/2013/001307 to 001312/RM