Central Information Commission
Sanjeev Chintaman Mohite vs Chief Commissioner Of Customs, ... on 19 February, 2025
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File Nos. : CIC/CCUM3/A/2023/650649, CIC/CCUM1/A/2023/654432,
CIC/CCUM1/A/2024/603051, CIC/CCUM2/A/2023/650591,
CIC/CCUM2/A/2023/654431, CIC/CCUM2/A/2024/603068.
Sanjeev Chintaman Mohite .....अपीलकर्ाग /Appellant
VERSUS
बनाम
CPIO,
Office of the Commissioner of
Customs (General), Air Cargo
Complex, Sahar, Andheri (E),
Mumbai - 400099
CPIO,
Office of the Pr. Commissioner
of Customs (General), RTI Cell,
New Custom House, Bapu
Jamadar Chowk, Ballard Estate,
Mumbai - 400001
CPIO,
Office of the Commissioner of
Customs, NS-II, B-401,
Jawaharlal Nehru Custom House,
Nhava Sheva, Raigad - 400707 ....प्रनर्वािीगण /Respondents
Date of Hearing : 13.02.2025
Date of Decision : 19.02.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Page 1 of 20
The above-mentioned second appeals are clubbed together as the Appellant
is common and subject-matter is similar in nature and hence are being
disposed of through a common order.
CIC/CCUM3/A/2023/650649
Relevant facts emerging from appeal:
RTI application filed on : 07.09.2023
CPIO replied on : 28.09.2023
First appeal filed on : 28.09.2023
First Appellate Authority's order : 19.10.2023
2nd Appeal/Complaint dated : 01.11.2023
Information sought:
The Appellant filed an RTI application dated 07.09.2023 (online) seeking the following information:
"Details of salary and other dues paid or pending payment by customs department to shri Sanjeev Chintaman Mohite, superintendent of customs from January 2010 to September 2023- datewise/monthwise pertaining to your zone.
In the below given format
2. Who is the appointing authority, disciplinary authority and cadre controlling authority for group b- superintendent of customs in your zone
3. Copy of disposition list/work allocation/charges held list issued by the chief commissioner of customs in your zone-Commissionerate wise"
The CPIO furnished a reply to the Appellant on 28.09.2023 stating as under:
AIRPORT S.No CC/DG Zone Commr./ Station Name Rank Directorate 1 Mumbai-III Mumbai Cus I MUMBAI Manish Mani Commissioner Customs (AP) Tiwari 2 Mumbai-III Mumbai Cus I MUMBAI Mali Dhananjay Additional Customs (AP) Shivaji (Mr) Commissioner 3 Mumbai-III Mumbai Cus I MUMBAI Nancy DSouza Additional Customs (AP) (Mrs) Commissioner 4 Mumbai-III Mumbai Cus I MUMBAI Kamal Puggal Deputy Page 2 of 20 Customs (AP) (Mr) Commissioner 5 Mumbai-III Mumbai Cus I MUMBAI Chetule Deputy Customs (AP) Sanjeev Vinay Commissioner (Mr) 6 Mumbai-III Mumbai Cus I MUMBAI Urvi Verma Assistant Customs (AP) Commissioner 7 Mumbai-III Mumbai Cus I MUMBAI H.A. Assistant Customs (AP) DESHMUKH Commissioner 8 Mumbai-III Mumbai Cus I MUMBAI CT SUJA Assistant Customs (AP) Commissioner 9 Mumbai-III Mumbai Cus I MUMBAI PANNEER Assistant Customs (AP) SELVAM K Commissioner 10 Mumbai-III Mumbai Cus I MUMBAI R. P. Assistant Customs (AP) Anbazhagan Commissioner (Mr) 11 Mumbai-III Mumbai Cus I MUMBAI G B Tilve (Mr) Assistant Customs (AP) Commissioner APPEAL S.No. CC/DG Commr./Directorate Station Name Rank Zone 1 Mumbai -III Mumbai-III Customs Mumbai Manpreet Commissioner Customs Appeal Arora (Ms) APSC S.No. CC/DG Zon Commr./Directorate Station Name Rank 1 Mumbai-III Mumbai Cus II Mumbai R. K. Commissioner Customs Dwivedi (Mr) 2 Mumbai-III Mumbai Cus II Mumbai Mohan Additional Customs Singh Dorai Commissioner (Mr) 3 Mumbai-III Mumbai Cus II Mumbai Merugu Additional Customs Suresh (Mr) Commissioner 4 Mumbai-III Mumbai Cus II Mumbai Shweta Joint Customs Yadav (Ms) Commissioner 5 Mumbai-III Mumbai Cus II Mumbai Dhirajkumar Deputy Customs Digamberro Commissioner Kamble (Mr) 6 Mumbai-III Mumbai Cus II Mumbai Vivek Anand Deputy Customs (Mr) Commissioner 7 Mumbai-III Mumbai Cus II Mumbai Ajay Kumar Deputy Customs Tadia (Mr) Commissioner Page 3 of 20 8 Mumbai-III Mumbai Cus II Mumbai D. Assistant Customs DWARAKAN Commissioner ATHA REDDY 9 Mumbai-III Mumbai Cus II Mumbai INDRA Assistant Customs PRAKASH Commissioner (SC) 10 Mumbai-III Mumbai Cus II Mumbai PRASAD D Assistant Customs Commissioner 11 Mumbai-III Mumbai Cus II Mumbai MEENA Assistant Customs BHARATLAL Commissioner 12 Mumbai-III Mumbai Cus II Mumbai S.GOWRI Assistant Customs SHANKER Commissioner 13 Mumbai-III Mumbai Cus II Mumbai Medha Assistant Customs Tiwari (Ms.) Commissioner CC, OFFICE S.No CC/DG Zone Commr./Directorate Station Name Rank 1 Mumbai-III CCO Mumbai Prachi Chief customs Saroop Commissioner (Mrs) 2 Mumbai-III CCO Mumbai Sarika Additional customs Shah Commissioner (Ms) 3 Mumbai-III CCO Mumbai Praveen Deputy customs Kumar () Commissioner ACC, EXPORT S.No CC/DG Zone Commr./Direct Station Name Rank orate 1 Mumbai -III Mumbai Cus IV Mumbai Ranjit Kumar Commissioner Customs (Mr) 2 Mumbai -III Mumbai Cus IV Mumbai Mahendra Additional Customs Kumar Sharma Commissioner (Mr) 3 Mumbai -III Mumbai Cus IV Mumbai Adivarekar Joint Customs Ashwini Commissioner Purushottam (Ms) 4 Mumbai -III Mumbai Cus IV Mumbai Abhishek Jain Deputy Customs (Mr) Commissioner 5 Mumbai -III Mumbai Cus IV Mumbai Mehta Assistant Customs Sanjaykumar Commissioner Babubhai 6 Mumbai -III Mumbai Cus IV Mumbai ALOK GARG Assistant Page 4 of 20 Customs Commissioner 7 Mumbai -III Mumbai Cus IV Mumbai MEENA R.P. Assistant Customs Commissioner 8 Mumbai -III Mumbai Cus IV Mumbai PARMAR Assistant Customs MAHESHKUMAR Commissioner 9 Mumbai -III Mumbai Cus IV Mumbai AGRAWAL Assistant Customs DEVENDRA Commissioner RAMRAKH 10 Mumbai -III Mumbai Cus IV Mumbai R. Assistant Customs RAMACHANDRA Commissioner MURTHY 11 Mumbai -III Mumbai Cus IV Mumbai J K BAROT (Mr) Assistant Customs Commissioner 12 Mumbai -III Mumbai Cus IV Mumbai V S SATPUTE Assistant Customs (Mr) Commissioner ACC, GENERAL S.No CC/DG Commr./Directorate Station Name Rank Zone 1 Mumbai-III Mumbai Cus V Mumbai Satish Kumar Additional Customs (Mr) Commissioner 2 Mumbai-III Mumbai Cus V Mumbai V.I. Singh Joint Customs (Mr) Commissioner 3 Mumbai-III Mumbai Cus V Mumbai Vivek Dwivedi Deputy Customs (Mr) Commissioner 4 Mumbai-III Mumbai Cus V Mumbai FRENDIK Assistant Customs FRANASIS Commissioner NAZARETH 5 Mumbai-III Mumbai Cus V Mumbai B.S. Akode Assistant Customs (Mr) Commissioner ACC, IMPORT S.No CC/DG Zone Commr./Directorate Station Name Rank 1 Mumbai-III Mumbai Cus III Mumbai Gali Shiril Commissioner Customs Saroj (Mr) 2 Mumbai-III Mumbai Cus III Mumbai Pawan Additional Customs Kumar Commissioner Khetan (Mr) 3 Mumbai-III Mumbai Cus III Mumbai Davinder Additional Customs Singh Rana Commissioner (Mr ) 4 Mumbai-III Mumbai Cus III Mumbai Nitin Ranjan Deputy Customs (Mr) Commissioner 5 Mumbai-III Mumbai Cus III Mumbai Jitesh Deputy Customs Kumar Jain Commissioner Page 5 of 20 (Mr) 6 Mumbai-III Mumbai Cus III Mumbai Dhamane Deputy Customs Deepak Commissioner Mahadev (Mr) 7 Mumbai-III Mumbai Cus III Mumbai P. Assistant Customs SREERAMA Commissioner MURTHY 8 Mumbai-III Mumbai Cus III Mumbai ANIL Assistant Customs P.MOHITE Commissioner 9 Mumbai-III Mumbai Cus III Mumbai MANE Assistant Customs Shashikant.Y Commissioner (SC) 10 Mumbai-III Mumbai Cus III Mumbai ADSUL Assistant Customs SHOBHA Commissioner RAJRATNA (KAMBLE) 11 Mumbai-III Mumbai Cus III Mumbai PALLAVULU Assistant Customs PRAVEEN Commissioner KUMAR 12 Mumbai-III Mumbai Cus III Mumbai P.JAGAN Assistant Customs MOHAN Commissioner REDDY M&P S.No CC/DG Commr./Directorate Station Name Rank Zone 1 Mumbai-III Mumbai (P) and (M Mumbai Tagade Nitin Joint Customs & P) GST Cadre Commissioner 2 Mumbai-III Mumbai (P) and (M Mumbai Madhukarrao Deputy Customs & P) GST Cadre (Mr) Commissioner 3 Mumbai-III Mumbai (P) and (M Mumbai Pankaj Jha Assistant Customs & P) GST Cadre Commissioner 4 Mumbai-III Mumbai (P) and (M Mumbai Patel Paresh Assistant Customs & P) GST Cadre Jashwantlal Commissioner 5 Mumbai-III Mumbai (P) and (M Mumbai MEENA Assistant Customs & P) GST Cadre THANDILAL Commissioner RATANLAL R&I S.No CC/DG Commr./Directorate Station Name Rank Zone 1 Mumbai-III Mumbai Cus(P) Mumbai Atul Handa Commissioner Customs (R&I) Customs (Dr) Cadre Page 6 of 20 2 Mumbai-III Mumbai Cus(P) Mumbai Alok Additional Customs (R&I) Customs Srivastava Commissioner Cadre (Mr) 3 Mumbai-III Mumbai Cus(P) Mumbai Tapan Kumar Additional Customs (R&I) Customs (мг) Commissioner Cadre 4 Mumbai-III Mumbai Cus(P) Mumbai Prateeti Deputy Customs (R&I) Customs Goyal (Ms) Commissioner Cadre 5 Mumbai-III Mumbai Cus(P) Mumbai Bhatia Assistant Customs (R&I) Customs Dharmendra Commissioner Cadre Nandkumar 6 Mumbai-III Mumbai Cus(P) Mumbai HARI SINGH D Assistant Customs (R&I) Customs MINA Commissioner Cadre 7 Mumbai-III Mumbai Cus(P) Mumbai BICHANNA Assistant Customs (R&I) Customs Commissioner Cadre Being dissatisfied, the appellant filed a First Appeal dated 28.09.2023. The FAA vide its order dated 19.10.2023, held as under:
"I have carefully gone through the RTI Appeal of Shri Sanjeev C Mohite in which Shri Sanjeev C Mohite during Personal Hearing requested for the salary details prior to July-2016. The Appellant has stated that, information about Airport & R & I was not provided to him. From the record, I find that Accounts Paybill, ACC started functioning from July 2016 and the Appellant was never posted in Zone-III, after July-2016. Further, as per the details received from CAO/Accounts Paybill Section, ACC, Zone-III, prior to July-2016 the salary of all the staffs for Mumbai Zone-III was drawn from Mumbai Zone-l under General Commissionerate.
I the undersigned hereby direct Shri Sanjeev C. Mohite to approach Mumbai Customs, Zone-l for the details of the salary prior to July 2016.
The subject appeal is disposed of accordingly."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
CIC/CCUM1/A/2023/654432 Page 7 of 20 Relevant facts emerging from appeal:
RTI application filed on : 07.09.2023 CPIO replied on : 06.10.2023 First appeal filed on : 07.10.2023 First Appellate Authority's order : 06.11.2023 2nd Appeal/Complaint dated : 10.12.2023 Information sought:
The Appellant filed an RTI application dated 07.09.2023 (online) seeking the following information:
"1. DETAILS OF SALARY AND OTHER DUES PAID OR PENDING PAYMENT BY CUSTOMS DEPARTMENT TO SHRI SANJEEV CHINTAMAN MOHITE SUPERINTENDENT OF CUSTOMS FROM JANUARY 2010 TO SEPTEMBER 2023-DATEWISE/MONTHWISE PERTAINING TO YOUR ZONE IN THE BELOW GIVEN FORMAT
2. WHO IS THE APPOINTING AUTHORITY, DISCIPLINARY AUTHORITY AND CADRE CONTROLLING AUTHORITY FOR GROUP B- SUPERINTENDENT OF CUSTOMS IN YOUR ZONE
3. COPY OF DISPOSITION LIST/WORK ALLOCATION/CHARGES HELD LIST ISSUED BY THE CHIEF COMMISSIONER OF CUSTOMS IN YOUR ZONE-
COMMISSIONERATEWISE"
The CPIO furnished a point-wise reply to the Appellant on 06.10.2023 stating as under:
"With regard to the information sought by the above referred RTI application, Point wise reply has been received from the concerned Section/Office i.e. PSO, Vigilance. P&E(Prev) & Preventive Pay bill Section, Office of the Principal Commissioner of Customs (General) Zone -1, Mumbai.
In this regard, the point wise reply to the subject RTI is as under:
1) Sanjeev Chintaman Mohite is not under the payment control of Preventive Pay Bill, NCH, Mumbai Zone-1, and as such Service book is not available with this office. Therefore, the request information cannot be furnished in r/o the salary, if any drawn by Shri. Sanjeev Chintaman Mohite during the year January 2010 to September 2023.Page 8 of 20
2) The Principal Commissioner of Customs (General) Zone 1 is the appointing authority, Disciplinary (Supdt of Customs). Authority and Cadre Controlling for Group B Gazetted
3) The said information cannot be provided as the category is not specified."
Being dissatisfied, the appellant filed a First Appeal dated 07.10.2023. The FAA vide its order dated 06.11.2023, held as under:
"6. I have gone through the RTI application dated 07.09.2023, CPIO's reply dated 06.10.2023, appeal filed by the Appellant dated 07.10.2023, which was received in this section on 10.10.2023 and have discovered the following.
6.1 That the Appellant vide RTI application dated 07.09.2023 sought information regarding Details of salary and other dues paid and pending payment by Customs department to Shri Sanjeev Chintaman Mohite (Supdt of Customs) from January 2010 to September 2023-date wise/month wise pertaining to your Zone in the below given format.
Who is the Appointing authority, disciplinary authority and Cadre controlling authority for Group B, Superintendent of Customs in your Zone.
Copy of disposition list work allocation/ Charges held list issued by the Chief Commissioner of Customs in your Zone Commissionerate wise.
In his Appeal he has requested part information i.e. Point no.3 Data to be provided and Salary details to be provided.
6.2 In this context the CPIO has furnished pointwise information with regards to the RTI application dt 07.09.2023 as under-
Sanjeev Chintaman Mohite is not under the payment control of Preventive Pay Bill, NCH, Mumbai Zone-1, and as such Service book is not available with this office. Therefore, the request information cannot be furnished in r/o the salary, if any drawn by Shri. Sanjeev Chintaman Mohite during the year January 2010 to September 2023.Page 9 of 20
The Principal Commissioner of Customs (General) Zone 1 is the appointing authority, Disciplinary Authority and Cadre Controlling for Group B Gazetted (Supdt of Customs).
The said information cannot be provided as the category is not specified.
7. In view of above discussion and findings, I pass the following order, as per the provisions of the RTI ACT, 2005.
7.1 The CPIO is directed to provide details with respect to point no 3 and salary details as sought from Preventive Pay Bill & Group 'A' Section to the Appellant as requested in his RTI Appeal.
7.2 The appeal is disposed of accordingly."
In compliance of the FAA order, the CPIO furnished a reply to the Appellant on 06.11.2023 stating as under:
"Please refer to First Appellate Authority, RTI(G), NCH, Mumbai order No.14/2023-24 dated 06.11.2023, passed vide F.No. GEN/RTI/679/2023- DC/AC-VII O/o Pr. Comm-CUS-GEN-ZONE-I, Mumbai against RTI Appeal filed by Shri Sanjeev Chintaman Mohite, bearing Reg No. CCUMI/A/E/23/00023 dated 07.10.2023 received in section on 10.10.2023.
In this regard, a reply has been received from concerned section, i.e., Prev. Pay Bill Section, Prev. Group A table, Customs Commissionerate General, Mumbai Customs, Zone-l and the same is enclosed herewith as per Annexure A & B."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
CIC/CCUM1/A/2024/603051 Relevant facts emerging from appeal:
RTI application filed on : 23.10.2023 CPIO replied on : 15.11.2023 First appeal filed on : 23.11.2023 First Appellate Authority's order : 22.12.2023 2nd Appeal/Complaint dated : 21.01.2024 Page 10 of 20 Information sought:
The Appellant filed an RTI application dated 23.10.2023 (online) seeking the following information:
"INFORMATION PERTAINING TO THE CHIEF COMMISSIONER OF CUSTOMS MUMBAI ZONE I NCH MUMBAI
1. Copy of the last available seniority list of Superintendents of Customs MUMBAI, wherein my name is appearing.
2. Copy of the latest seniority list of Superintendents of Customs, MUMBAI
3. Copy of the orders directing for deletion of my name from the seniority list of Superintendent of Customs, MUMBAI, if any."
The CPIO furnished a point-wise reply to the Appellant on 15.11.2023 stating as under:
"With regard to the information sought by the above referred RTI application, Point wise reply has been received from the concerned Section/Office i.e P&E (Preventive), General, Office of the Principal Commissioner of Customs (General) Zone -1, Mumbai.
In this regard, the point wise reply to the Subject RTI is under:
Point No 1, 2: The seniority list of Superintendent of Customs is available in the public domain i.e. www.mumbaicustomszonel.gov.in.
Point No. 3: There is no such order directing deletion of applicant's name from the seniority list of Superintendent of Customs, Mumbai."
Being dissatisfied, the appellant filed a First Appeal dated 23.11.2023. The FAA vide its order dated 22.12.2023, held as under:
"6. I have gone through the RTI application dated 23.10.2023, CPIO's reply dated 15.11.2023 and Appeal filed by the Appellant dated 23.11.2023, which was received in this section on 23.11.2023 and have discovered the following.Page 11 of 20
6.1 That the Appellant vide RTI application dated 23.10.2023 sought information regarding Copy of the last available seniority list of Superintendents of Customs Mumbai, wherein my name is appearing.
Copy of the latest seniority list of Superintendents of Customs, Mumbai. Copy of the orders directing for deletion of my name from the seniority list of Superintendent of Customs, Mumbai, if any.
6.2 In this context the CPIO has furnished pointwise information with regards to the RTI application dated 15.11.2023 as under-
Point No 1&2: The Seniority list of Superintendent of Customs is available in the Public Domain i.e. www.mumbaicustomszone1.gov.in.
Point No. 3: There is no such order directing deletion of Applicant's name from the seniority list of Superintendent of Customs, Mumbai.
7. In view of above discussion and findings, I pass the following order, as per the provisions of the RTI ACT, 2005.
7.1 The CPIO is directed to inform the Appellant about the availability of the Seniority List on the public portal on following path:
https://dghrdcbic.gov.in/ttdetails.asp?tid=2&stid=10 and also inform the Appellant regarding the deletion of his name in the Seniority List.
7.2 The appeal is disposed of accordingly."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
CIC/CCUM2/A/2023/650591 Relevant facts emerging from appeal:
RTI application filed on : 03.09.2023 CPIO replied on : 27.09.2023 First appeal filed on : 27.09.2023 First Appellate Authority's order : 11.10.2023 2nd Appeal/Complaint dated : 31.10.2023 Page 12 of 20 Information sought:
The Appellant filed an RTI application dated 03.09.2023 (online) seeking the following information:
"COPY OF CHARGED MEMORANDUM NO.S/11-GEN-56/2013-VIG/JNCH DATED 14.08.2013 ISSUED TO ME--SHRI SANJEEV MOHITE SUPERINTENDENT OF CUSTOMS."
The CPIO furnished a reply to the Appellant on 27.09.2023 stating as under:
"Based on information provided by concerned section, JNCH, wherein, the reply for the information sought by the RTI applicant is mentioned as under :-
"In this regard, it is to inform that charge memorandum bearing No. S/11-Gen-56/2013-VIG/JNCH dated 14.08.2023 had not been issued to Shri Sanjeev C. Mohite and had been issued to other officers of JNCH. As such, charge memorandum bearing No.S/11-Gen-56/2013-VIG/JNCH dated 14.08.2013 cannot be provided to Shri Sanjeev C. Mohite."
Accordingly, the RTI application dated 03.09.2023 filed by you is disposed off."
Being dissatisfied, the appellant filed a First Appeal dated 27.09.2023. The FAA vide its order dated 11.10.2023, upheld the reply of CPIO.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
CIC/CCUM2/A/2023/654431 Relevant facts emerging from appeal:
RTI application filed on : 07.09.2023 CPIO replied on : 05.10.2023 First appeal filed on : 05.10.2023
First Appellate Authority's order : 02.11.2023 2nd Appeal/Complaint dated : 10.12.2023 Information sought:
The Appellant filed an RTI application dated 07.09.2023 (online) seeking the following information:Page 13 of 20
"1. DETAILS OF SALARY AND OTHER DUES PAID OR PENDING PAYMENT BY CUSTOMS DEPARTMENT TO SHRI SANJEEV CHINTAMAN MOHITE, SUPERINTENDENT OF CUSTOMS FROM JANUARY 2010 TO SEPTEMBER 2023-DATEWISE/MONTHWISE PERTAINING TO YOUR ZONE IN THE BELOW GIVEN FORMAT
2. WHO IS THE APPOINTING AUTHORITY, DISCIPLINARY AUTHORITY AND CADRE CONTROLLING AUTHORITY FOR GROUP B- SUPERINTENDENT OF CUSTOMS IN YOUR ZONE
3. COPY OF DISPOSITION LIST/WORK ALLOCATION/CHARGES HELD LIST ISSUED BY THE CHIEF COMMISSIONER OF CUSTOMS IN YOUR ZONE-
COMMISSIONERATEWISE"
The CPIO furnished a point-wise reply to the Appellant on 05.10.2023 stating as under:
"2. Based on information provided by concerned sections, JNCH. the pointwise reply for the information sought by the RTI applicant is mentioned as under:-
(1) It is informed that Service Book of Shri. Sanjeev Chintaman Mohite, Superintendent and LPC for Salary drawn for the month March-2011 was forwarded to JNCH Zone -II in December 2013. As per records maintained in Pay Bill Section salary from January 2014 to April 2014 and September 2014 to December 2014 was drawn by cheque which remained undisbursed as the same were not claimed and for want of contact no./details of present posting. The details pertaining to this zone as per given format enclosed.
(2) Appointing Authority: Pr./ Commissioner of Customs, (General), NCH Mumbai Zone-1. Disciplinary Authority: Pr./Commissioner of Customs, (General) JNCH, Nhava Sheva. Cadre Controlling Authority: Pr./ Commissioner of Customs, (General), NCH Mumbai Zone-1. (3) The information sought is already available in the Public Domain/Portal of JNCH website
3. Accordingly, the RTI application dated 07.09.2023 filed by you is disposed off."Page 14 of 20
Being dissatisfied, the appellant filed a First Appeal dated 05.10.2023. The FAA vide its order dated 02.11.2023, held as under:
"5. (i) I have carefully gone through the records of the case and submissions made by the appellant. I find that the information sought in point (1) of the Original RTI application dated.07.09.2023 and appeal application dated 05.10.2023 is same.
(ii) Comments were sought from the concerned section. The detail reply to the information sought vide this appeal application as provided by the concerned section is as follows
1. For the period January 2010 to December 2013, the section has replied that no specific salary details are available with them.
2. Further they stated that in December 2013, an LPC was received for salary drawn for the month of March 2011 and the Service Book was also received from Preventive Pay Bill Section of NCH-Zone-I. The salary payments were stopped in July 2010 as per instructions from the Deputy Commissioner, R & I. and It was conveyed by the Assistant Commissioner (ACAO) of PPB/Zone-I.
3. From January 2014 to April 2014, the details regarding salary and allowances drawn were furnished to the RTI appellant by the CPIO vide the RTI reply dated 04/10/2023.
4. For the period from May 2014 to August 2014, the section has informed that data is not available in the GEMs Portal, and the PBR is also not available.
5. For September 2014 to December 2014, the salary and allowances are drawn.
6. As of January 2015 onwards, the salary was stopped based on a letter dated January 7, 2015, issued by the Deputy Commissioner (Preventive/G).
7. Further the section also informed that the original cheques are in the custody of PAO/JNCH as the same were not collected, nor the contact or posting of officer is known.
Accordingly, the Appeal Application to the First Appellate Authority is disposed of, in view of Para 5 above."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
CIC/CCUM2/A/2024/603068 Page 15 of 20 Relevant facts emerging from appeal:
RTI application filed on : 23.10.2023 CPIO replied on : 21.11.2023 First appeal filed on : 09.12.2023 First Appellate Authority's order : 03.01.2024 2nd Appeal/Complaint dated : 21.01.2024 Information sought:
The Appellant filed an RTI application dated 23.10.2023 (online) seeking the following information:
"INFORMATION PERTAINING TO CHIEF COMMISSIONER OF CUSTOMS MUMBAI ZONE II NHAVA SHEVA
1. COPY OF MY ENTIRE SERVICE BOOK -- SANJEEV CHINTAMAN MOHITE, SUPERINTENDENT OF CUSTOMS POSTING DETAILS, SALARY ORDERS, SALARY DRAWING PROCEDURE. CHIEF COMMISSIONER OF CUSTOMS DETAILS. PLEASE REFER TO THE ENCLOSED PDF FOR THE ELABORATED RTI QUESTIONS"
The CPIO furnished a reply to the Appellant on 21.11.2023 stating as under:
"Based on information provided by concerned sections, JNCH, the pointwise reply for the information sought by the RTI applicant is mentioned as under:-
1. Copy of Service Book is enclosed.
2. Information enclosed as per available records.
3A. Question is not specific. No ECS details are available in GEMs portal of APB, JNCH.
3B. The salary was drawn from the month of January 2014 by Accounts Pay Bil JNCH, on the basis of the LPC (for salary drawn for the month of March 2011 and Service Book received in December 2013 from Preventive Pay Bill/ NCH Zone-1 (Copy enclosed). 3 C. Same as 3B.
3 D. No data available.
3 E. Salary was stopped w.e.f. January 2015 as per letter dated 07.01.2015 issued by Deputy Commissioner of Customs (Preventive/G) (Copy enclosed).
3 F. For the period from April 2011 to December 2013- the LPC (salary details) and Service Book was not received in APB/JNCH. However, it was Page 16 of 20 informed ACAO/ Preventive Pay Bill, New Custom House that salary was stopped w.e.f. July 2010 as per directions received from Deputy Commissioner of Customs, R & I, NCH-Zone-1 (Copy enclosed). 4 A. As per GFR (Receipts & Payments) Rules, FRSR Pay rules and leave rules available on public domain.
4 B. Appointment order, joining report, Last Pay Certificate on transfer covered under GFR (Receipts & Payments) Rules, FRSR Pay rules available on public domain.
4 C. As per GFR (Receipts & Payments) Rules, FRSR pay rules available on public domain.
4 D. GFR (Receipts & Payments) Rules, FRSR pay rules available on public domain.
5. The information is available in public domain.
Accordingly, the RTI application dated 23.10.2023 filed by you is disposed off."
Being dissatisfied, the appellant filed a First Appeal dated 09.12.2023. The FAA vide its order dated 03.01.2024, upheld the reply of CPIO.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Present through Video-Conference. Respondent: Shri Aditya Kumar Dutta, Assistant Commissioner & CPIO along with Ms. Varsha Ghadge, Administrative Officer, Mumbai present through Video-Conference. Shri Mahesh M, Assistant Commissioner and CPIO, Raigad present through Video-Conference.
The Appellant, during the hearing, reiterated the contents of his above- mentioned RTI applications and submitted that till date complete and correct information has not been provided to him by the Respondent. Further, he is not satisfied with the response given by the Respondent. The Appellant submitted that his salary has not been released despite the fact that his leaves are sanctioned by the Competent Authority.Page 17 of 20
The Respondents submitted that complete point-wise reply/information as per the documents available on record has been provided to the Appellant on his above-mentioned RTI applications.
The Respondents further submitted that there was an unauthorized absence of the Appellant from the work for a period of 334 days and he has not resumed his duties in JNCH, Raigad.
Upon being queried by the Commission, the Respondents submitted that relevant files related to the present subject-matter are lying in both offices one at Mumbai and another at Raigad.
Decision:
The Commission, upon hearing the submissions of all the parties and after perusal of records, observes that despite Appellant's fervently pursuing the matter, satisfactory information has not been provided to him by the Respondents. It is observed that the issue of the Appellant is related to his leaves and non-payment of his pay, and he is not satisfied with the information provided by the Respondent.
In light of the above facts and circumstances and taking liberal view in the matter, the Commission directs the Respondents to facilitate inspection of available and relevant records related to the information sought in the above- mentioned RTI applications to the Appellant on a mutually decided date and time, within a period of six weeks from the date of receipt of this order. The CPIOs are further directed to arrange all relevant files (as per RTI applications) at one place before calling the Appellant for inspection. (The Appellant can inspect the records in both the offices of the Respondent Public Authority i.e. Mumbai and Raigad). The intimation of the date and time of the inspection shall be provided to the Appellant by the CPIOs telephonically and in writing well in advance. In the process of facilitating the inspection and providing subsequent copies of the record the CPIOs are at liberty to withhold/redact third party information or any other information which is exempted from disclosure under Section 8 of the RTI Act read with Section 10 of the RTI Act.Page 18 of 20
Copy of documents that the Appellant desires during the inspection shall be provided by the CPIOs free of cost.
The aforesaid direction shall be complied with by the CPIOs within six weeks from the date of receipt of this order.
The FAA is directed to ensure compliance of this order.
The above-mentioned second appeals are disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
THE FAA, Office of the Commissioner of Customs (General), Air Cargo Complex, Sahar, Andheri (E), Mumbai - 400099 Copy To:
THE FAA, Office of the Pr. Commissioner of Customs (General), New Custom House, Bapu Jamadar Chowk, Ballard Estate, Mumbai - 400001 Page 19 of 20 Copy To:
THE FAA, Office of the Commissioner of Customs, NS-I, Jawaharlal Nehru Custom House, Nhava Sheva, Raigad - 400707 Page 20 of 20 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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