The Central Information Commission (CIC) has recently dismissed a Right to Information (RTI) appeal, filed by the RTI applicant, alleging that the Center Public Information Officer (CPIO) did not facilitate him complete desired information after liasioning with the private entity i.e. Jio Fibernet Pvt. Ltd. as per Section 2(f) read with Section 2(j) of the Right to Information Act, 2005.
The complainant believes that information sought is accessible to CPIO as information is defined under Section 2(f) of the RTI Act, 2005 and CPIO has made no attempt to access the information sought with malafide intention because information if provided is going to disclose high levels of tax evasion.
The applicant, Amresh Chandra Mathur sought but did not receive information in regard to Contract value of work of M/s Jio Digital Fibre Pvt. Limited, Gurugram on which GST is to be accounted for by the office at Ghaziabad which falls under the jurisdiction of Central Goods and Services Tax/State Goods and Services Tax, Ghaziabad.
The applicant also sought information about the GST paid by for which Jio Digital Fibre private limited, is digging earth and laying cables, after taking permission from the local authorities as per attached letter and its GST no in respect getting work executed/being executed through Jio Digital Fibre private limited or having taken credit of GST paid by Jio Digital Fibre private limited till 31 December 2020.
The information was also not provided by the CPIO. The complainant, however, contended that the information is available for the CPIO to access, yet no efforts had been made as the information, if provided, is sufficient to disclose high levels of tax evasion by Jio Digital Fibre Pvt. Ltd. and Jio Fibernet Private Limited.
The Complainant further submitted his grievance regarding laying down of wi-fi transmission cable lines by the Jio Fibernet Ltd. passing through his house which created disruption in his easement right of way to his home, which, according to him, led to file an RTI application.
The complainant further urged to initiate penal proceedings against the CPIO for withholding information.
The Commission, on the other hand, was not inclined to accept the contention of the Complainant for initiating penal action against the CPIO in the absence of any malafide that could be observed.
The CIC comprising Information Commissioner Saroj Punhani went on to elaborate that, “In addition to above, the issue raised by the Complainant regarding disturbance of his easement right of way owing to laying of cable wires by Jio Fibernet is a matter of grievance which is outside the mandate of RTI Act”, dismissing the complaint before it.
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