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2015 (2) TMI 643

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..... R.K. Jain, the Complainant, mentioned hereinabove may be brought to the notice of Dr. Prajapati Trivedi, Secretary Performance Management Division, Cabinet Secretariat, New Delhi. A copy of this order may therefore also be sent to Dr. Prajapati Trivedi for his information. - Decided against Appellant. - Case No. CIC/SM/C/2013/000627-SS - - - Dated:- 28-3-2014 - Ms. Sushma Singh, Information Commissioner Shri R.K. Jain, the Appellant. Shri G.S. Panwar, Under Secretary and G.S. Kumar, Under Secretary, for the Respondent. ORDER The present complaint, filed by Shri R.K. Jain against Cabinet Secretariat was taken up for hearing on 19-3-2014 when the Respondents were present through Shri G.S. Panwar, Under Secretary and Shr .....

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..... ormal orders/O.M. constituting the committee were issued, following is the composition of the committee : (i) Dr. Prajapati Trivedi - Chair (ii) Shri Jugnu Gupta, Director - Member Secretary (iii) Shri R.L. Raichandani, Deputy Secretary - Member (iv) Shri S.B. Mandal, Deputy Secretary - Member (v) Shri H. Sharan - Special Invitee. It is added here that Shri H.K. Sharan is a member of Ad hoc Task Force set up by this Division for 2012-13. A copy of order dated 28-12-2012 issued in this regard is enclosed. Copies of relevant noting are enclosed. As for point No. 3, the CPIO enclosed copies of the relevant documents. 4. Thereafter the CPIO vide his letter dated 25-7-2013 sent another reply to the App .....

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..... eply of the CPIO is not factually correct, but an attempt to shield the officer concerned Shri H.K. Sharan (Ombudsman Indirect Tax, Mumbai), who, according to the Complainant, has been undertaking frequent personal journeys and showing them as his official journeys . The Complainant also alleges that Shri Sharan has been misusing his position and undertaking tours to Delhi, which is his home town on false pretext. The Complainant, in support, produces before the Commission copies of certain documents, including three letters viz., letter No. ITO/Mumbai/Gen/2012/54 dated 26-12-2012 written by Shri H.K. Sharan to Ms. Rashmi Verma, Additional Secretary (Revenue), Ministry of Finance, New Delhi; letter No. ITO/Mumbai Gen/2012/245, dated 12-6 .....

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..... s some of the issues regarding implementation of IS 9001. Accordingly, appointment was fixed for me on the 20th December, 2012. In pursuance of the appointment, I met you in the afternoon of the 20th December, 2012 in your chamber at Chankya Bhawan, Chanakaypuri office. Shri R.K. Jain, under RTI, has obtained information dated 20th May, 2013 from PMD that there was no formal meeting of the ISO Group on that day and therefore, I have wrongly mentioned in my tour programme that I met you on the 20th December. Sir, kindly confirm our meeting on the 20th December, 2012 . Letter No. Secy(PM)/Misc/2013, dated 21-6-2013 written by Dr. Prajapati Trivedi, Secretary Performance Management Division, Cabinet Secretariat, New Delhi to Shr .....

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..... direct Tax Ombudsman do not necessarily envisaged tour that too to destination outside their jurisdiction. It has been inter alia directed in this OM that henceforth the Direct Tax Ombudsman and Indirect Tax Ombudsman will undertake all tours with the prior approval of Revenue Secretary. According to the Complainant this OM has been issued by the Department of Revenue on the basis of complaints/representation filed against Shri H.K. Sharan, Ombudsman, Indirect Tax, Mumbai in the matter. The Complainant thus seeks appropriate action in the matter. 9. The CPIO, Shri G.S. Panwar, present during the hearing, submits that he had forwarded the RTI application of the Complainant to the PPS to Secretary (PM) vide letter dated 10-5-2012 and had r .....

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