Grievance of Non-Remittance of TDS Deducted from Employees by Company cannot be Redressed through RTI: CIC [Read Order]

The Central Information Commission(CIC), in deciding the appeal of Soumya Ranjan Mishra against terms of disposal of the First Appeal by the appellant at First Appeal Authority(FAA), the grievance of non-remittance of  Tax Deducted at Source (TDS) deducted from employees by the company cannot be redressed through Right to Information (RTI).

The CIC also observed that the powers of Center Public Information Officers (CPIOs) are limited to giving information and not addressing grievances.

It was given in the reply by the FAA that “The CPIO is accordingly directed to enquire into the allegations of the appellant who claimed to be employee of the aforementioned company. The CPIO is to ascertain the allegation of non-deposit of TDS by the aforementioned company and relation of the appellant with the aforementioned company and take appropriate action as per Income Tax Act, 1961. If the appellant is found to be an employee of M/s. My Own Eco Energy Pvt. Ltd, as claimed by him, finding of the enquiry and action taken may be communicated to him keeping in view of relevant provisions of the RTI Act. Necessary action as per above direction is to be completed within 45 days’ time. The CPIO may seek further details from the appellant, if necessary, for proper compliance with the above direction.”

The Appellant argued that no concrete action has been taken by the Income Tax authorities till date and no tenable information is being provided either. He further stated that the Income Tax authorities merely inform him about change/shifting of the averred firm from one place to another, changing assessing officers, which in itself is a red flag about the activities of the said firm.

Distinguishing the informational functions of the CPIO from investigative functions, the Information Commissioner Saroj Punhani directed the CPIO to revisit the RTI Application and ascertain if there is any additional relevant input/record he can provide to the Appellant after liaising with other concerned record holder(s), if any, and to provide a revised reply/rejoinder to the Appellant in this regard. The time for compliance of said direction was set to be within 30 days from the date of receipt of the order. A compliance report to this effect was also directed to be sent to the Commission immediately thereafter.

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