2006 (11) TMI 536 - Commissioner - Indian Laws

Summary

Issues:
Appeal against decision under Right to Information Act, 2005 for supply of export/import documents related to Advance Licences.

Analysis:
1. The appellant filed an appeal against the decision of the Central Public Information Officer (CPIO) regarding the supply of copies of export/import documents under the Right to Information Act, 2005. The CPIO communicated that their office did not maintain records of Bills of Entry, Shipping Bills, Bills of Lading, and Packing Lists for the relevant period. The appellant sought various documents related to goods imported and exported under specific Advance Licences submitted by their firm.

2. The grounds of appeal included contentions that the CPIO's rejection was arbitrary, not following the Act's procedure, and lacking natural justice principles. The appellant highlighted challenges in fulfilling export obligations due to records damage from floods. The appellant argued that the information sought was not confidential and should be provided. The appellant also cited the Act's provisions on severability and reasons for requesting information.

3. During the hearing, the appellant's representative reiterated the appeal points and provided additional details. The Appellate Authority had previously ordered the provision of information related to the appellant's firm but not third-party information. The appellant submitted relevant details during the hearing, which were crucial for tracking records and fulfilling export obligations.

4. The Commissioner found that the CPIO rejected the application due to the lack of maintained records for the specified period. However, the appellant provided essential information during the appeal stage, enabling the CPIO to furnish the requested documents. These documents were necessary for justifying export obligations to the Directorate General of Foreign Trade (DGFT). The Commissioner noted that the appellant's information was not third-party data and directed the CPIO to provide the requested information based on the additional details provided by the appellant.

5. In conclusion, the Commissioner remanded the matter back to the CPIO with instructions to provide the information/documents sought by the appellant using the additional information provided during the appeal. The appellant was given the opportunity to provide any further necessary information to facilitate the provision of the requested documents.