Seckond Appeal for TEP RTI

CENTRAL INFORMATION COMMISSION
APPEAL UNDER SECTION 19(3) OF THE RTI ACT 2005
Your Name
versus
Income Tax - City

LIST OF DATES & INDEX OF DOCUMENTS
Description Date Page No.
List of Dates, Index of documents, Certificate…………………………..12.05.2010………….1……
Certificate about proof of service to Respondents…………………… 12.05.2010…………2……
This appeal along with verification………………………………………..12.05.2010…………3…
Order of the first appellate authority………………………………………19.03.2010…………6…..
CPIO’s reply 04.02.2010……….9…
First Appeal Submission…………………………………………………….22.02.2010……….10……
First Appeal 19..03.2010……….12…..
RTI application 31.12.2009……….18…..
TEP application………………………………………………………………24.09.2009……….20……


CERTIFICATE
It is certified that the enclosed matter under appeal/complaint has not been filed previously, or is pending with any court or tribunal or with any other authority.




Date :

(Appellant
CENTRAL INFORMATION COMMISSION
APPEAL UNDER SECTION 19(3) OF THE RTI ACT 2005
Your Name
versus
Income Tax - City


CERTIFICATE ABOUT PROOF OF SERVICE TO THE RESPONDENTS
It is certified that a copy of this appeal is being sent to each of the respondents on the same day as the appeal is being sent to the Central Information Commission, and the proof of service shall be presented before the CIC, if requested / demanded, on the date of hearing, or earlier.

ADVICE TO RESPONDENTS
Regulation 12 of “The Central Information Commission (Management) Regulations, 2007” reads as follows:
Filing of Counter Statement by the Central Public Information Officer or the First Appellate Authority:- After receipt of a copy of the appeal or complaint, the Central Public Information Officer or the First Appellate Authority or the Public Authority shall file counter statement along with documents, if any, pertaining to the case. A copy of the counter statement(s) so filed shall be served to the appellant or complainant by the CPIO, the First Appellate Authority or the Public Authority, as the case may be.
This is for your information and ready reference. Please act accordingly.




Date
(Appellant)
CENTRAL INFORMATION COMMISSION
APPEAL UNDER SECTION 19(3) OF THE RTI ACT 2005
Your Name………………………………………………………………… Appellant
VERSUS
1. (CPIO & I.O, Range-1(4)……………………………………..Respondent

2. (AA & Add. C.I.T,Range-1,City) Respondent

BRIEF FACTS OF THE CASE
1. The Appellant had filed an TEP application for information on 24.09.09.
2. The Appellant had filed an RTI application for information on 31.12.09.
3. Appellant preferred first appeal dated 22.02.10.
4. A letter dated 04.02.10 was received from the CPIO in which he has not provided information & played a fillip flop tactic’s.
5. Order of the AA, i.e., Respondent No. 2 dated 19.03.10 was received. The Appellant is not satisfied with the order / decision, hence this appeal.
GROUNDS OF APPEAL
1. The CPIO has failed to even acknowledge the receipt of the application for information. He has thus rendered himself liable to be penalized under section 20(1).
2. The AA’s decision is more in the nature of acting as an agent of the CPIO rather than as an appellate authority. He has turned down the appeal stating that information is so vast that it cannot be provided at all under section 7(9). It is submitted that section 7(9) only deals with the format of the information and cannot be used to deny information.
RELIEFS SOUGHT
Request / Relief sought
a) The undersigned financial interest is affected in the matter, so undersigned is seeking legal relief from the Court.

b) The disclosure of financial details, mainly Account Details of Mr Vipnesh Tiwari would surely help me to show my innocence.

c) The disclosure of information sought is, therefore, in larger public interest. The information should therefore be provided.

d) CPIO is under burden duty to provide the same details BECAUSE In a similar kind of case Horn’ble CIC wide his decision no.1816/IC(A)/2008 “The CPIO is, therefore, directed to furnish the details of PF of his ex-wife, after determining his identity as ex-husband of the person whose details have been asked for. This information should be furnished within 15 working days from the date of issue of this decision.”

e) The objective of the RTI act is to provide information to the person who sought such information and when the case involves a serious question whereby the applicant seeks the information to better defend himself in the court of law the information sought becomes more important. Since criminal jurisprudence, it is clear that innocent person should not be convicted and a person is presumed innocent unless found guilty/convicted. Since, it is very important principle of natural justice that against whom a complaint has been made has every right to know its contents so as to defend himself effectively and to prove that the complainant has approached various authorities only with an oblique motive. Thus in the process defaming the undersigned and causing the undersigned mental agony and harassment.

f) That the refusal on the part of the Respondent No. 1 is without any justification and disclosure of the information would have NO effect to any public activity and would not be an unwarranted invasion of the privacy of the individual

g) That the respondent cannot refrain from disclosing the information on baseless pleas of public interest or invasion of privacy or information falls under category of IIIrd party when the issue involved is of serious nature as in the present case F.I.R. has been registered against the undersigned / appellant.

h) That under the Universal Declaration of the Human Rights adopted by the united nation in 1948 assured by article 19 that every one has right to seek, receive and impart information and ideas through any media, regardless of the frontiers.

i) That in Secretary, Ministry of Information and Broadcasting, Govt. of India and others Vs. Cricket Association of Bengal and others, 1995(2) SCC 161 the Hon’ble Apex Court has remarks about this right in the following term:-
“The right to freedom of speech and expression includes the right to receive and impart information. For ensuring the free speech right of the citizens of this country, it is necessary that the citizens have the benefits of plurality of views and a range of opinions on all public issues. A successful democracy posits an ‘aware’ citizenry. Diversity of opinions, views, ideas and ideologies is essential to enable the citizens to arrive at informed judgement on all issues touching them.”

j) Those by refusing the information sought, the respondent will defeat the object of the act i.e. RTI for which it was created. The object of the Act is to provide for setting out the practical regime of the right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority. The constitution of India has established democratic republic and democracy requires an informed citizenry and transparency of information which are vital to its functioning and also to contain the corruption and to hold governments and their instrumentalities accountable to the governed. Therefore, it is expedient to provide for furnishing certain information to citizens who desire to have it.

k) That the appellant has come on the very first opportunity available to him and therefore the information should not be denied to him. More over the appellant does not wants to use the information for any oblique motive but wants to use the information to better defend himself.

Thanking You,


Your Name
Place:
Dated:
VERIFICATION
Verified at City on Date aforementioned that the contents of the above appeal are true to my knowledge and nothing has been concealed there from.



Your Name