Central Information Commission
Shankar Gyandeo Sadawarti vs Shipping Corp. Of India Ltd. on 11 April, 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/SCOTL/A/2021/612848
Shankar Gyandeo Sadawarti ......अपीलकता/Appellant
VERSUS
बनाम
CPIO,
Shipping corporation of
India Limited, RTI Cell, Shipping
House, 245 Madame Cama Road,
Nariman Point, Mumbai - 400021, Maharashtra. .... ितवादीगण /Respondent
Date of Hearing : 23/02/2022
Date of Decision : 11/04/2022
INFORMATION COMMISSIONER : Saroj Punhani
Relevant facts emerging from appeal:
RTI application filed on : 15/02/2021
CPIO replied on : Not on record
First appeal filed on : 23/03/2021
First Appellate Authority order : 31/03/2021
2nd Appeal/Complaint dated : 07/04/2021
Information sought:
The Appellant filed an online RTI application dated 15.02.2021 seeking the following information:1
"Mr. S.G.Sadawarti EC No. 1666 has submitted the application to Board of Directors (Reviewing Authority as per CDA Rules 2011) through C&MD vide letter dated 24.06.2020 under Rule 33 of SCI CDA Rules 2011 for Review of the Disciplinary Authority order No. AOO/189/50/19-20 dated 5th September 2019, and Appellate Authority order dated 2nd March 2020. In this respect, kindly provide the information:
a) When was/were the meeting/s held to discuss my application
b) Please let me have a certified copy of Notice of the meeting/s for discussing my application and certified copy of related agenda item/s along with copy of all documents circulated in connection with this/these agenda item/s
c) Please let me have a certified copy of the minutes of the Meeting/s in respect of agenda item/s mentioned at s.no.( b) Having not received any response from the CPIO, the appellant filed a First Appeal dated 23.03.2021. FAA's order dated 31.03.2021 furnished reply against para (a) of the RTI application and with regard to para (b) and (c) he denied the information under section 8(1)(d)/(e) & (j) of the RTI Act, 2005.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal on the ground of non-receipt of complete information and also wrong denial of information by the CPIO against para b & c of RTI Application.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Not present. (Remained unavailable for audio-conference hearing despite receipt of hearing notice on 12.02.2022.) Respondent: Sanjay R Bandekar, GM (TC) & CPIO present through audio- conference.
The CPIO invited attention of the bench towards his written submission dated 20.02.2022, relevant portion of which as under -
"Shri Shankar Gyandeo Sadawarti, the Appellant in the subject matter has been an ex employee of the Shipping Corporation of India Ltd., who was a General Manager and attained the age of sixty years in May 2018. He had been recruited as a Scheduled Tribe candidate on 20.06.1983. During the regular exercise of verification of caste certificate of SC/ST/OBC category in mid of 2012 Shri Sadawarti 2 could not produce his caste based documents. Therefore, Disciplinary proceedings were held against him, as per SCI's 'Conduct, Disciplinary & Appeal Rules 2011' (CDA Rules 2011). When Inquiry Report of Inquiry Officer was submitted by the Disciplinary Authority to him, Shri Sadawarti filed a Writ Petition before Bombay High Court. The Court passed an Order on 11.07.2018 asking Shri Sadawarti to co- operate with enquiry proceedings and directed Caste Certificate Scrutiny Committee to verify his caste certificate.
The Caste Scrutiny Committee vide Order dt.08.05.2019 gave a decision that Shri Sadawarti does not belong to the caste of Halba (Scheduled Tribe) and his Certificate was invalidated by the Caste Certificate Scrutiny Committee.
Accordingly, Disciplinary Authority dismissed Shri Sadawarti on 30.05.2018 (prior his retirement date), vide Order dt.05.09.2019. Shri Sadawarti, as per SCI's CDA Rules 2011, appealed before the Appellate Authority i.e., 'Committee of Board' and also filed a Review Petition before the 'Board of Directors' on 24.06.2020. However, the Appeal and subsequently the Review Petition filed before Appellate Authority & Reviewing Authority were both dismissed. This decision of the Board was conveyed to him vide letter dt.17.02.2021 and the then First Appellate Authority (FAA) for RTI who was also the Company Secretary & Legal Head of SCI at that time has conveyed the same in the RTI Reply for the subject query at Point (b).
Subsequently, Shri Sadawarti has filed Writ Petition in the Bombay High Court in August, 2021 challenging the Dismissal Order and for release of his final dues and benefits. Reply to Writ Petition by SCI is in the process to be submitted.
Parallelly, Shri Sadawarti has also appealed to the Asst. Labour Commissioner (ALC) for payment of Gratuity. ALC has issued the Order in favour of Shri Sadawarti. SCI has appealed against the Order of ALC to Deputy Chief Labour Commissioner (Dy.CLC), however deposited the Gratuity amount in protest. But, Dy.CLC declined the Appeal. SCI is in the process of challenging the said Order in Bombay High Court and in the meantime requested Dy.CLC not to implement the Order.
We would like to inform that, since May 2018 Shri Sadawarti has submitted total 17 RTI Applications upto March 2021, which consists of 159 queries. Shri Sadawarti has also filed 16 Appeals to the First Appellate Authority from July 2018 till May 2021. Most of the queries are pertaining to his final dues not being settled after dismissal. In the subject mentioned Appeal, the RTI Application No.SCOIL/R/E/21/00032 was received on 15.02.2021. But, Shri Sadawarti has gone for First Appeal No.SCOIL/A/E/21/00009 dt.23.03.2021 in 36 days, before PIO could respond. The reply was delayed due to lock down and restrictions on employees' attendance in 3 office which delayed receiving the reply Inputs in PIO's office, from other Depts. Subsequently, FAA has replied on 31.03.2021 to the first RTI Appeal, for the information sought by the Appellant for three queries (a), (b) & (c). Query (a) has been replied. Queries (b) & (c) where in the Appellant has sought copy of Board Agenda Items and Minutes of Board Meeting, have been denied by FAA citing CIC Order No.CIC/AT/A/2007/00252 dt.28.12.2007 as well as Section 8(1)(d), (e) & (j) of RTI Act 2005.
Considering the fact that, now Mr. Sadawarti has filed Writ Petition against SCI in August 2021 and also SCI has appealed against the Order of ALC in the Bombay High Court, it is humbly submitted that Shri Sadawarti may be discouraged to make any further RTI queries on the subject of release of dues since his dismissal from the service.
Since the matter is sub-judice, disclosure of any further information to Shri Sadawarti will adversely effect the stand taken by SCI in the court of law.
....... the delay in furnishing the RTI reply to Appellant may kindly be condoned due to the lockdown and prohibitive restrictions imposed by local authorities due to pandemic conditions."
Decision:
The Commission based on a perusal of the facts on record observes that the square denial of the minutes and agenda of averred meeting by the CPIO to the Appellant in response to para b & c of RTI Application under Section 8(1)(d), 8(1)(e) and 8(1)(j) of the RTI Act is not appropriate when it involves his own case. It was incumbent upon the CPIO to have provided the relevant minutes and agenda of averred meeting related to the Appellant to him after severing the third party information as per Section 10 of the RTI Act.
Having observed as above, the Commission directs the CPIO to provide a copy of the available minutes and agenda of the meeting in response to para b and c of RTI Application related to the Appellant after redacting/severing the information related to the third party officers, disclosure of which may cause invasion of their privacy as per Section 8(1)(j) of the RTI Act as well as redact/severe the names and identifying particulars of other individuals/officers, disclosure of which may not be warranted in light of the exemption of Section 8(1)(g) of the RTI Act.4
The information as directed above shall be provided free of cost to the Appellant by the CPIO within 15 days from the date of receipt of this order under due intimation to the Commission.
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 / 5