TEP cannot go on ad-infinitum, conclude investigation in reasonable time & communicate results to appellant

CIC decision that reiterates that TEP cannot go on ad-infinitum, should be concluded in reasonable time and results communicated to appellant

Often times you have filed a TEP, you expect the IT department to do its investigation and revert with results. But time goes on and on and on and notthing happens. This CIC decision may be of help in such cases !!

The honourable CIC has ordered “…..TEP cannot be allowed to go on ad-infinitum and that it should be concluded in a reasonable time frame whereafter the broad outcome thereof needs to be communicated to the appellant ….” and the CIC goes on to order “….hereby directed to complete the investigation in next three months time and intimate the broad outcome thereof, as indicated herein above, to the appellant in three months time. ….”

******** case from RTI website **********

CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No. CIC/LS/A/2009/001179

Appellant   -Sh. Virag R. Dhulia

Public Authority                   -Income Tax Deptt; Kolkata (through : Sh. D.K. Kedia, ITO, Ward 34(3), Kolkata).

Date of hearing                      -18.02.2010
Date of decision                     -18.02.2010

Facts :-

It appears that the appellant had filed a TEP against Shri Hari sh Goda.

In this connection, he had sought informati on on the following 04 paras vide RTI application dated 6.6.2009 :-

     “(i)      Under which section was the notice issued to Mr. Harish Goda?
     (ii)      Please provide a copy of the notice issued to Mr. harish Goda for the said  TEP?
     (iii) Please provide a copy of the acknowledgment of Mr. harish goda having received the notice.
     (iv)      Please provide the details about the current status of the inquiry.”

2.         The CPIO had informed him vide lett er dated 31.7.2009 that the investigation into the matter was continuing.

3.         Aggrieved with this, the appellant has filed the present appeal.

4.        Heard on 18.02.2010.  Appellant not present.  The Public Authority is represented by the officer named above.  It is his say that the investigation in the TEP is still continuing and further action is to be taken by ITO, Ward 31(3), Kolkata.

5. It is to be noted that investigation into a TEP cannot be allowed to go on ad-infinitum and that it should be concluded in a reasonable time frame whereafter the broad outcome thereof needs to be communicated to the appellant i.e. whether the allegations made in the TEP are fully true, partially true or untrue.  No further information needs to be disclosed at this stage.

DECISION

6.         In view of the above, Income Tax Officer, Ward 31(3), 10 – B.C., Middleton Row,  Kolkata-700017, is hereby directed to complete the investigation in next three months time and intimate the broad outcome thereof, as indicated herein above, to the appellant in three months time.

7.         The appeal is disposed of s ubject to the above directions.

(M.L. Sharma)
Central Information Commissioner

Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges, prescr ibed under the Act, to the CPIO of this Commission.

(K.L. Das)
Assistant Registrar

Address :

1. The ITO Ward 34(3) & CPIO,
10-B.C., Middleton Row,
Kolkata-700017.

2. Shri Virag R. Dhulia,
203 KK towers, 6 th Cross,
Balaji Layout Kaggadaspura,
CV Raman Nagar, Bangalore-560093.

*****************************disclaimer**********************************
This judgment and other similar judgments posted on this blog was / were collected from websites of Govt. of India or other internet web sites . Some notes are made by Vinayak. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog and if you are reading this on tumblr please post responses as comments at vinayak.wordpress.com . Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.
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