Central Information Commission
Mrvivek Vilas Masal vs Jawaharlal Nehru (Nhava Seheva) Port ... on 28 July, 2015
CENTRAL INFORMATION COMMISSION
August Kranti Bhawan, Bhikaji Cama Place,
New Delhi-110066
F.No. CIC/YA/C/2014/000199
F.No. CIC/YA/A/2014/001171
Date of Hearing : 27.07.2015
Date of Decision : 28.07.2015
Complainant/Appellant : Shri Milind V. Nagarkar
Mumbai
Respondent : Shri N.K. Kulkarni, CPIO
J.N. Port Trust Mumbai Information Commissioner : Shri Yashovardhan Azad Relevant facts emerging from complaint/appeal:
RTI application filed on : 29.01.2009 & 20.10.2013 PIO replied on : 25.02.2009 & 20.11.2013 First Appeal filed on : Not filed & 30.11.2013 First Appellate Authority (FAA) order on : N.A. & No order Complaint/ Second Appeal received on : 18.02.2014 & 11.03.2014 The complainant/appellant is not present. As both the parties are same in the abovementioned cases, the same are being heard and decided together.
F.No. CIC/YA/C/2014/000199 Shri V.V. Masal filed an RTI application dt. 29.01.2009, seeking information regarding copy of charge-sheet, complaint filed by the complainant, statement recorded during the enquiry, final decision by the Committee along with the relevant documents. PIO/Chief Manager (Admn.) & Secy. In his reply provided all the information to the RTI application. Aggrieved by the same, the complainant filed the instant complaint.
The respondent stated that the information was provided to the RTI applicant in good faith. He stated that the complainant, working as a Medical Officer, in the public authority, was placed under suspension in the year 2004 in connection with misbehaviour and sexual harassment with a female patient. The enquiry was conducted in the matter and major penalty, in the form of reduction of pay by two increments for a period of 2 years, was imposed on the complainant. He stated that after revocation of suspension, another similar incident occurred in June, 2005 against Smt. Masal, wife of the RTI applicant. He further stated that a criminal complaint was lodged against the complainant and his services were terminated in July, 2005. He urged that the information was given in good faith.
F.No. CIC/YA/A/2014/001171 The appellant filed an RTI application dt. 20.10.2013, seeking information regarding copies of attendance muster of doctors working at JNPT Hospital for July 2005, copy of form for withdrawal of GPF amount, copy of his PF statement till date, etc. PIO in his reply provided copies of attendance muster of Doctors for July 2005 and copy of PF statement; for the remaining points, he stated that the same will be provided as and when received from the Pay Roll/Personnel Section. The appellant in his first appeal requested that information on points 2, 4 to 6 should be provided to him.
The respondent stated that information on points 2, 4 to 6 was provided vide letter dated 18.07.2014.
Decision:
After hearing the respondent and on perusal of record, the Commission, in F.No. CIC/YA/C/2014/000199, finds no malafide on the part of the PIO as the information about the complainant, who is a third party in the instant case, was provided to the RTI applicant in good faith. There is no reasonable ground to show that the PIO deliberately or with bad intent disclosed the information.
In file no. CIC/YA/A/2014/001171, the Commission concludes that information as available on record has been provided to the appellant and no further action is required to be taken in the matter.
The complaint and appeal are disposed of accordingly.
(Yashovardhan Azad) Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(B.D. Harit) Deputy Secretary & Deputy Registrar Copy to:-
Central Public Information Officer under RTI First Appellate Authority under RTI Chief Manager-(Admn.) & Secretary, Chairman & Managing Director, Jawaharlal Nehru Port Trust, Jawaharlal Nehru Port Trust, Administration Building, Sheva Administration Building, Sheva Taluka - Uran, Taluka - Uran, Navi Mumbai-400707 (Maharashtra). Navi Mumbai-400707 (Maharashtra). Dr. Milind V. Nagarkar C-202, Yashopuram Vasant C.H.S., Ghaate Aali, Opp. Dandekar Hospital, Near V. K. High School, Panvel, District - Raigad-410206 (Maharashtra).