TaxTMI 
TaxTMI 
2023 (7) TMI 1662
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....f RTI Act. He further contested the fact that being a Director of the averred Company, he has every right to get the certified copy of the entire file maintained in connection with the EPCG License No.1330003841 dated 21.06.2013 as also certified copy of note sheet /order sheet of the file maintained by the Customs department in connection with the averred license. He furthermore apprised the Bench that in fact, he had filed the original RTI Application with DGFT, which transferred it to the CPIO, O/o. Principal Commissioner of Custom; therefore, the claim of CPIO to approach back the O/o DGFT is not in the spirit of RTI Act, as these records of import/export are also maintained by the Customs department as also entire file records pertaini....
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.... records vis-à-vis EPCG licenses issued by the DGFT. Decision: 4. The Commission upon a perusal of records and after hearing submissions of the parties at length is in agreement with the contentions of the Appellant that the initial reply of the CPIO is vague as the denial of information on the ground that Appellant being Director of M/s. Mahaveer Kripa Granites Pvt. Ltd. (EPCG License No.1330003841 dated 21.6.2013 must possess all the papers/ records without substantiating the same as per the exemption clause of Section 8/9 of RTI Act, is not as per the provisions of RTI Act. 5. However, it is also not out of the place to note that the records of entire files/ all note sheets, etc for EPCG License No.1330003841 dated 21.6.2....
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....d opinion to the citizens. But that is purely voluntary and should not be confused with any obligation under the RTI Act." (Emphasis Supplied) 7. Similarly, in the matter of Khanapuram Gandaiah vs Administrative Officer &Ors. [SLP (CIVIL) NO.34868 OF 2009], the Hon'ble Supreme Court held as under: "7....Public Information Officer is not supposed to have any material which is not before him; or any information he could have obtained under law. Under Section 6 of the RTI Act, an applicant is entitled to get only such information which can be accessed by the "public authority" under any other law for the time being in force. The answers sought by the petitioner in the application could not have been with the public authority nor co....
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.... classified as information." (Emphasis Supplied) 9. Nonetheless, upon insistence of the Appellant and the fact that he being the Director of M/s. Mahaveer Kripa Granites Pvt. Ltd. (EPCG License No. 1330003841 dated 21.6.2013, has every right to get the desired information, therefore, he is advised to file relevant document in support of his claim to the CPIO and upon receipt of the said relevant documents to satisfy the cause of action of the Appellant, the CPIO is directed to revisit and provide readily available relevant information which may suffices the information sought by the Appellant, after redacting the names and identifying particulars of the other third party officers/firms, which may figure from remarks, note sheet, correspo....