TMI Blog2013 (11) TMI 862X X X X Extracts X X X X X X X X Extracts X X X X ..... eping in view the spirit of the RTI Act, I agree with the suggestion and the CPIO is advised to take note of this for future’ - order passed by the CPIO is incorrect and against the spirit of Right to Information Act, 2005 and liable to be set aside - Decided in favour of appellant. - Order-in-Appeal No. 19/2013 RTI (I) - - - Dated:- 3-7-2013 - Shri Pankaj Bodkhe, Addl. Commissioner of Customs(I) Shri R.K. Jain, the Appellant. ORDER Brief facts of the case : Shri R.K. Jain, (hereinafter referred to as the appellant ) has made an application dated 29-4-2013 under the Right to Information Act, 2005 and received in CPIO s office on 6-5-2013. 2. The appellant has sought the following information : Copies of all note sheets re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as under :- 6 A Postal Order No. 11f 067916 for Rs. 10/- towards payment of fee is enclosed herewith. You are requested to fill the name in which the Postal Order is payable (4) That the CPIO has erred in not appreciating that the appellant has tendered a valid Postal Order No. 11F067916 for Rs. 10/- and merely a request to CPIO for filing in the name in which Postal Order is to be paid does not invalidate or bring in deficiency the payment of the RTI fee as a valid and encashable Postal Order has been tendered. Therefore, the Order of the CPIO is incorrect and illegal and liable to be set aside and the CPIO be directed to provide the information in time bound frame. (5) That the CPIO has failed to appreciate that the appell ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l the name in which the Postal Order is payable. The decision has no applicability to the present case. Moreover, the Appellant has filed a Writ Petition in Hon ble Delhi High Court challenging the said order of the CIC. A copy of the said Writ Petition is already served on you. Therefore, the order of the CPIO is incorrect and illegal and liable to be set aside and the CPIO be directed to provide the information in time bound frame. (9) That as per the RTI Rules, the fees is to be paid in the name of Accounts Officer of the Public Authority but in relation to many public authorities including the present one there is confusion because payments are accepted only in a name different than Accounts Officer of the Public Authority. The CI ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... provisions of Section 6(1) and spirit of the RTI Act, the CPIO is to render all reasonable assistance to the person making the RTI request orally and to reduce the same in writing. Such request includes payment of the fees, which is integral part and statutory requirement for making an RTI application. Even otherwise, as per the spirit of the RTI Act, the CPIO is to provide all assistance and cooperation to the RTI applicant in seeking the information under the RTI Act. (13) That the CPIO has failed to appreciate that the CPIO is raising a too technical objection against the provisions and spirit of the RTI Act, regarding payment of a fee, when the Appellant has tendered a valid Postal order of Rs. 10/- duly rubber stamped with his name ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ever, he has neither appeared for Personal Hearing nor shown his inability for non-attending Personal Hearing. Further, the appellant was again given personal hearing on 28-6-2013 Shri R.K. Jain vide his letter dated 25-6-2013 stated that he did not wish to appear for personal hearing and requested to decide the appeal on merits on the basis of available record. Discussion and findings 6. I have carefully gone through the record on the file and CPIO s reply to the appellants earlier RTI application dated 6-5-2013 against which the present appeal is filed, grounds of appeal and other facts on record. 7. I find that the information sought by the appellant is regarding providing copies of all note sheets relating to his RTI application d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... our of Accounts Officer, JNCH, Nhava Sheva whereas the impugned order in relation to same public authority and CPIO has directed payment in favour of Chief Accounts Officer, Office of the Commissioner of Customs (I), JNCH. Therefore, there is a confusion about the name in which the Postal Order is to be sent and the Appellant has rightly authorized the CPIO to fill-in the Name in which the Postal Order is payable. 10. I find that the appellant contended that the CPIO, though in his order, has stated that the Postal Oder in question is returned but in fact it has not been returned by the CPIO. I do not accept this contention of the appellant. Since the CPIO in his order has stated that the IPO is returned herewith, I do not find any rea ..... X X X X Extracts X X X X X X X X Extracts X X X X
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