Central Information Commission
A S Ganapathy vs V.O. Chidambarnar Port Trust on 11 January, 2022
Author: Saroj Punhani
Bench: Saroj Punhani
के ीय सूचना आयोग
Central Information Commission
बाबागंगनाथमाग, मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No : CIC/VOCPT/A/2020/119444
A S Ganapathy ......अपीलकता/Appellant
VERSUS
बनाम
CPIO,
V.O. Chidambaranar Port Trust,
RTI Cell, General Administrative Department,
Establishment 1 Section, Tuticorin - 628004,
Tamilnadu. .... ितवादीगण /Respondent
Date of Hearing : 29/12/2021
Date of Decision : 06/01/2022
INFORMATION COMMISSIONER : Saroj Punhani
Relevant facts emerging from appeal:
RTI application filed on : 27/09/2019
CPIO replied on : 06/11/2020
First appeal filed on : 10/12/2020
First Appellate Authority order : 17/02/2020
2nd Appeal/Complaint dated : 23/06/2020
Information sought:
The Appellant filed an RTI application dated 27.09.2019 seeking the following information;1
"Having come to know that several senior officers of the port are deliberately looting crores and crores rupees of port funds, by way of creating/getting sanction and executing unworthy port related works, in the allotment of port lands etc and hence I am constrained to bring these to light. I request therefore you may kindly be pleased to issue me the following informations/ details early and oblige, in order to put an ent to such frauds and irregularities;
1) In respect of the up-gradation of the port's coal jetty 1 & 2 at an expense around Rs 125 crores without proper sanction, procedure and engaging inexperienced contractor etc
a) Copy of detailed plan, estimate and agreement copy
b) Details of qualification and previous experience of the contractor on similar works and the details of payments made to him so far.
c) Copy of requisition and details of payments received from TTPPS for carrying out this work.
d) If the work is not carried out as per the original plan/estimate, the reasons for the same and the present stage of the work.
e) The details of consultants if any engaged on this work and the payments made to them by the port and also the actions taken against them for improper guidance and loss.
2) In respect of the proposed widening of the width of the port's approach channel from 153 to 230 meters as was announced by the port's Deputy Chairman in a press meet on 13.10.2018.
a) Copy of the detailed plan, estimate and present stage of the proposal.
b) In case pier head portion is also to be widened and pier heads are to be relocated, details of precautions taken to protect the breakwater noses/ pier heads from collapse since their stability is interlinked.
c) If tenders have been already received details of tenderers, their experiences, rates etc.
d) If consultants are engaged, their experiences, salary and other facilities provided to them
3) In respect of the ports proposal "Rubble protection bund for dumping the capital dredging materials on the southern side of south break water" over Rs 136 crores expense as per port's tender notice no:. E(C) / F79 /Rubble bund/2018 date 28.04.2018 2
a) The main object of this work, it's present stage, the circumstances warranting such a costly protection for south break water over 50 years after its construction.
b)The copy of the detailed plan and estimate of the work.
c) If the real object is only the clearance of the dredged materials, reason for not disposing the same out of sale or by way of dumping the same in an appropriate portion of the Harbour basin so as to develop an additional birth
d) If tenders called for already, their tenders lists, rates and also the present stage of the work.
e) Details of consultants if any engaged copy of their report, salary and facilities provided to them.
4) In respect of "Construction of the shore protection Stand in front of ports admin building proposed under port's tender notice No: 11CE/RCM/BMR/2019-20 D-1755 dated 26.07.2019
a) The main object of this work and its present stage.
b) The distance between the port's admin building and the seashore in the year 1974 during the construction of the admin building and also the present distance in the year 2019
c) The copy of the detailed plan and estimate of the work and also the specific reason warranting this works 45 years after the construction of admin building
d) List of renderers' participated, their rates, qualifications and experience on the work.
5) In respect of "providing pavement block road inside port's zone `B' area "under tender notice R-11-22-CE/RCM/BIA 2018-19/D1816 dated 06.08.2019 at an expense around Rs.3.5 crores
a) The main object and also detailed plan and estimate of this work.
b) The details of buildings/structures connected and their value.
c) List of tenderers' participated, their rates, qualifications and experience on the work.
6) in respect of the widening the koramballam surplus course road bridge works going on near port's main check post No; 1 in the express way.
a) Copy of plan, estimate agreement copy of the work, list of contractors participated and their rates
b) The details of the work, contractor engaged his qualification and previous experience, payment made to him so far, date of commencement period of completion etc. 3
7) In respect of the construction of operation theatre for the port hospital's dental section.
a) The detailed plan, estimate and agreement copy.
b) The details of the contractor, his qualification and his previous experience, payments made to him so far, date of commencement/completion the work, number of operations performed so far, after it's construction etc.
c) Specific reason for the usage of porcelain materials in the wash basin, sink etc of the theatre in violation of the recognized principles.
8) In respect of the modification of the Harbor/ port's entrance under it's retender notice No: 4/EPC/F56638/2019-20 dated 28.05.2019
a) The object of this work and copy of it's plan and estimate.
b) The initial date of commissioning of the entrance.
c) Number of modifications done so far and cost of each modifications and details of consultants engaged, fees paid to them and total expenses Incurred very time.
d) List of renderers' participated their rates, their qualification and previous experience on this work and the reasons for each modifications.
9) In respect of the ports tender notification for the allotment of the ports land for a period of 30 years under file No: E(c)N-56/3/2019 Est./D1494 dated 28.06.2019
a) The details of extent, location, survey number and nature of land.
b) Present stage of the tender and if already called for, detail of tenderers' participated and their rates and copy of their application for land allotment.
10) In respect of the 1000 acres of the port lands in which an industrial park is to be established as per port's chairman's press meet on 26.07.2019.
a) The details of the extent, location surrey numbers of the lands, it's nature etc and present stage of the proposal.
b) Copy of the proposal/ project report sent to the ministry and copy of ministry's approval.
c) Purposes for which these lands are to be allotted details of their extent, cost and terms and conditions.
11) In respect of the 244 acres of port lands proposed to be allotted on 99 years lease basis as per port's Deputy Chairman's press Meet on 13.10.2018.
a) The details of it's extent, location, survey number, nature etc and the present stage of the proposal.4
b) Purpose for which these lands are to be allotted, details of their extent, cost and term and conditions of the allotment.
c) If tenders called for already, copy of tender notification, list of applicants, and copy of their applications and their stage.
12) In respect of allotment of 262.80 acres of port lands to M/s. Tuticorin salt and marine chemicals Ltd (T.S.MC) in the year 1943 on lease basis.
a) Port's present annual scheduled rate of lease per acre and the actual rate being paid by the company and the details of buildings constructed in the and copy of port's permission etc for the same.
b) Details of cases filed/ faced by the port for the proper fixation of rent and vacation of port land4and also the expenses incurred by the port case/ lawyer wise.
c) Details of steps taken by the port against the concerned port officers, advocates, consultants etc for having helped TSMC to get an exparte orders in its favor by mass absconding when the connected WP61333 of 2002 came for hearing on 08.10.2003 in the High court madras and also failed to avail with ulterior motives; the alternative reliefs offered/suggested by the court on seeing the pitiable condition of the port.
d) Copy of notices sent to TSMC for the vacation of land and copy of replies received.
13) In respect of the port's tender cum E auction notification No: Est-
3/2016-17 E(c) 56/02/2004-Est Dated 18.06.2016 for the lease of above 262.80 acres of port lands on 5 year term tender basis
a) Specific reasons for segregating the above lands in multiple of 10 acres (40469sqm) plots and copy of that layout showing the road approaches and drainages to all these plots.
b) When the annual lease presently paid by TSMC is around Rs.1000/- per acre specific reasons if any in fixing an exorbitant EMD around Rs.66.34 lakes per 10 acres.(i.e 6.634laks/acre)
c) List of tenders participated and its present stage and copy of stay if any granted by the court and the details of steps taken by the port to vacate the stay.
d) The details of the port officers by whom the above tender notification was fabricated not only in such a way that no one would participate but also in such a way that TSMC could easily get a stay and peacefully enjoy the port lands.
514) In respect of the allotment of 30 sqm of port land in favour of Smt. Pushpam Ganapathy in the year 1993 on port's scheduled rates for running a telephone booth near port's Green Gate under self employment scheme.
a) Specific reason for change of the mode of the above allotment to 5 year term tender basis allotment from the year 1999 but not adopting the same principle in respect of the above allotment of M/s. TSMC though they were paying 200 times less than the ports scheduled rates.
b) Reasons for not floating tender for the above booth as was ordered by the High court its orders dated 24.09.2007 In WP(MD)No: 1550of2004 and permit Smt Pushpam Ganapathy to continue the booth as per the guide line of the above court orders.
c) Reasons for the cancellation of tender No: E(C)-37/6/2010 EST/D dt- 11/2010 for the alternative site near port's pass section for the above booth and refund of EMD in No: E(C)37/06/2010-ESTD1562 Dated 30.05.2012 after keeping the tender in abeyance for over two years.
d) Reasons for evicting the above booth for which lease was paid 100 times more than the ports scheduled rates and not taking any such action in respect of the above land allotment in favour of TSMC which is paying lease 200 times less than the port's scheduled rates unmindful of the fact that the same was run by a Retired Port employee's wife.
e) Details of cases filed/ faced by the port to drive away Smt Pushpam Ganapathy away from the site and the details of expenses incurred by the port case wise/ Lawyer wise.
15) In respect of the demolition of the above booth on 15.06.2019 by port's Chief Engineer
a) Details of action taken by the port on her representations date 05.12.2018, 30.04.2019, 10.05.2019, 17.05.2019 and 29.05.2019 requesting permission for vacation of the booth and clearance of material and also taking away the materials from the booth consequent to the dismissal of the CRP1515/2016 on 10-09/16.10.2018.
b) Copy of specific notice / intimation if any given to Smt Pushpam Ganapathy about the demolition of her above booth in consideration of her above representation dated 29.05.2019 to the Port's CE.
c) Details of persons /officers witnessed the above demotion; details and value of the complete list of materials and cash taken away from the booth.
16) In respect of the recent recruitment for the post of law officer /PIO on regular basis.
a) Copy of approved recruitment rules and copy of all the advertisements made for the recruitment.
6b) The list of candidates applied their qualification and experience.
c) Copy of the entire selection proceedings and copy of appointment order issued.
17) In respect of the port Engineers S/Sri. Ravi Kumar CE, Balaji Ratnam EE, Balakrishnn EE and Saravana Kumar AEE
a) Copy of their annual property returns from the year 2009 to 2018.
b) Copy of their applications for the purchase of movable and immovable properties from the year 2009 to till date and the copy of the port's approval for the same.
c) Details of disciplinary actions, pending inquiries if any against them and their stage.
d) Details of CBI and CVC proceeding against Sri. Balaluishnan EE, their outcome and also the copy of his TA bills from 01.01.2009 for all his official trips to New Delhi.
18) In respect of the present chief vigilance officer and the Deputy chairman of this port.
a) Their qualifications and experiences.
b) Details of duties and responsibilities assigned to them.
c) Details of their pay and allowances.
d) Details of vigilance cases registered by the chief vigilance officer during his tenure in 466 port and their outcome to justify his existence.
e) Copy of their annual property returns from the year 2009 to 2018 (U/S 6, 6(3),&24/1 of RTI act)."
The CPIO furnished a reply along with relevant information against point No. 16 a, b, c and 18 a & b of the RTI application to the appellant on 06.11.2019 Further, the CPIO furnished a reply to the appellant on 26.11.2019 against points No. 1, 2 & 3 and with regard to point No. 4, he denied the information under section 8(1)(h) of RTI Act while in response to Point No. 5 the information was denied under section 8(1)(j) of the RTI Act, 2005.
Furthermore, the CPIO furnished subsequent reply to the appellant on 31.01.2020 against point No. 1(e) and 2(d) of the RTI application.
Being dissatisfied, the appellant filed a First Appeal dated 10.12.2019. FAA's order dated 17.02.2020 observed as follows:-
7"...........the appellant has sought huge voluminous information which will be an undue stress to the Public Authority. Therefore, the First Appellate Authority has directed the appellant to reach this office in person and get all the details which has been prescribed in the application."
Feeling aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal on the ground of non-receipt of complete desired information by the CPIO.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Not present.
Respondent: K. Sudalaimani , Superlative Engineer(Civil) & PIO present through video-conference.
The Commission remarked at the outset that death certificate of the Appellant has been annexed by the Rep. of the Appellant in the instant case prior to the receipt of hearing notice. Further, the Commission apprised that son of the Appellant did not avail the opportunity to plead his case despite receipt of prior intimation of hearing from the registry attached with this bench.
The CPIO submitted that a reply along with relevant inputs has already been provided to the Appellant during his lifetime. He further added that in addition, an opportunity of inspection of relevant records has also been offered by the FAA, however, the Appellant did not avail of the said offer.
Decision:
The Commission at the outset observes that the replies provided by the CPIO to the Appellant in response to enormous level of information sought is apt in terms of RTI Act.
However, considering the Appellant's prayer in the instant Appeal, the Commission in the spirit of RTI Act directs the CPIO to reiterate an adequate opportunity of inspection of the relevant and available records as sought for in the instant RTI Applications(s) to the Appellant's son on a mutually decided date and time.The intimation of the date and time of inspection shall be provided to the Appellant's son by the CPIO telephonically and in writing and a copy of as 8 desired by the Appellant during inspection shall be provided to him free of cost upto 50 pages and beyond this limit, fees may be charged as per Rule 4 of RTI Rules,2012.
A compliance report to this effect be duly sent to the Commission by the CPIO within 15 days from the date of inspection stipulating the details of inspection provided and copy of documents provided thereof.
The appeal is disposed of accordingly.
Saroj Punhani (सरोजपुनहािन) Information Commissioner (सूचनाआयु ) Authenticated true copy (अिभ मािणत स यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / 9