Central Information Commission
Shri. E J Almeida vs Mumbai Port Trust on 26 June, 2012
Central Information Commission
Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan,
Bhikaji Cama Place, New Delhi110066
Web: www.cic.gov.in Tel No: 26167931
Case No. CIC/AT/A/2010/001069/SS
Dated: 26.06.2012
Name of Appellant : Shri E. J. Almedia
Name of Respondent : Mumbai Port Trust
Date of Hearing : 26.09.2011
ORDER
Shri E.J. Almedia, hereinafter called the appellant has filed this appeal dated 16.10.2010 before the Commission against the respondent Mumbai Port Trust, Mumbai for providing incomplete information in reply to his RTI-application dated 11.8.2010. The matter came up for hearing on 26.9.2011. The appellant was absent, whereas respondent were represented by Smt. S.G. Patwardhan, Deputy Secretary & CPIO.
2. The appellant filed an application dated 11.8.2010 under the RTI Act, in which he sought information on the following five queries - "(1) A copy of application of Shri R. Jayachandran for the post of FA & CAO in MbPT; (2) A copy of proposal sent to the Ministry for the selection of FA& CAO; (3) The pay scale of Shri R. Jayachandran shown as FA & CAO of Kandla Port; (4) The pay scale required for "Analogous Post" & (5) Communication received from the Ministry clarifying Shri R. Jayachandran's pay scale at Kandla Port at the time of his application for the post of FA & CAO in MbPT". The CPIO vide letter No. Secy/P/GEE-G(RTI)/5531 dated 3.9.2010 denied information on Point No. 1 of the RTI application under the provisions of Section 8(1)(e) of the RTI Act on the 2 Case No. CIC/AT/A/2010/001069/SS grounds that the application of Shri R. Jayachandran for the post FA&CAO in MbPT is held in fiduciary capacity, the disclosure of which has no relation to any public interest. The CPIO has provided requisite information on the remaining points.
3. Aggrieved by the reply of CPIO, the appellant preferred first-appeal on 9.9.2010 before FAA. The FAA vide his order No. AA/RTI/AAOrder35/6346 dated 8.10.2010 upheld the reply of the CPIO with the observation that the appellant has not made any valid point to prove that the CPIO was wrong in invoking the exemptions under clause 8(1) (e) of the RTI Act in reply to Point No.1 of the RTI application. Moreover the FAA held, the appellant has not thrown any light as to how the larger public interest will be served by furnishing to the appellant the information sought by him.
4. The appellant in his second appeal filed before the Commission submits that certain facts were not brought on record by Shri R. Jayachandran to acquire the position of FA&CAO in MbPT (Grade A Port). In the opinion of applicant the pay scale of FA& CAO of Kandla Port Trust (Grade B Port) was Rs. 18500 whereas Shri Jayachandran has mentioned that he was in the grade of Rs. 20500-26500 in Kandla Port Trust from 23.8.2001 i.e. from the date of his appointment in Kandla Port Trust, which is false.
5. Having considered the submissions of the parties, the Commission is of the opinion that the information as sought by the appellant at Point No.1 of his RTI-application, does not fall within the exempted clause of Section 8(1) (e) of the RTI Act, 2005 as the appellant has sought a copy of application of Shri R. Jayachandran for the post of FA & CAO in MbPT. In order to maintain transparency, a citizen has the right to know whether Shri Jayachandran fulfills the required criteria for the post of AS & CAO in MbPT. The Commission hereby directs the CPIO to provide copy of the relevant document as sought at Point No. 3 Case No. CIC/AT/A/2010/001069/SS 1 of his RTI application, free of cost to the appellant, within two weeks of receipt of this order.
The matter is disposed of on the part of the Commission with the above directions.
(Sushma Singh) Information Commissioner Authenticated true copy:
(K.K. Sharma) OSD & Deputy Registrar Address of the parties:
Shri E.J. Almedia, Port Management Trainign Centre, 2nd Floor, Bhandar Bhawan, Muzawar Pakhadi Road, Mazgaon, Mumbai-400010.
The CPIO, Mumbai Port Trust, Human Resource Department, Port House, 2nd Floor, Shoorji Vallabhdas Marg, Mumbai-400001.
The First Appellate Authority, Mumbai Port Trust, Port House, 2nd Floor, S.V. Marg, Ballard Estate, Mumbai-400001.