Central Information Commission
Mr.Sanjay Sitaram Kurhade vs Mumbai Port Trust on 19 June, 2013
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/SS/A/2012/0002826
Dated: 19.06.2013
Name of Appellant : Shri Sanjay Sitaram Kurhade
Name of Respondent : Mumbai Port Trust
Date of Hearing : 23.05.2013
ORDER
Shri Sanjay Sitaram Kurhade, hereinafter called the appellant, has filed the present appeal dated 18.7.2012 before the Commission against the respondent Mumbai Port Trust (MbPT), Mumbai for providing false, incorrect information in response to his RTI-application dated 28.4.2012. The appellant was absent whereas the respondent were represented by Shri P. Mohana Chandran, Secretary/FAA and Shri A.S. Thosar, Sr. Dy. Traffic Manager.
2. The appellant has through his RTI application dated 28.4.2012 requested complete service record of Shri Bahiru Rambhau Gade (on Board Labour Regd. No. 74/13 & Bombay Dock Labour Board Badge No. 4201) for the period 1965 to 1993. The CPIO vide his letter No. OBL/RTI-197/2464/12 dated 15.5.2012 replied to the appellant that the information sought was not specific and requested the appellant to specify the information requested to enable him to process his request.
3. Not satisfied with the reply of the CPIO, the appellant preferred first appeal before the FAA. The FAA vide his order No. AA/RTI/FAA Order 22/4484 dated 2 Case No. CIC/SS/A/2012/002826 28.6.2012 held that the information sought was in respect of the period from 1965 to 1993. Moreover, the file containing the service record of employees contains personal information, disclosure of which would cause unwarranted invasion of privacy of the individual concerned. The FAA upheld the reply of the CPIO.
4. It was stated by the respondent during the hearing that the employees of Bombay Dock Labour Board (BDLB) were absorbed in the MbPT w.e.f. 1.3.1994. Shri Gade was an employee of Mumbai Dock Labour Board who was declared medically unfit from the services of Bombay Dock Labour Board w.e.f. 12.7.1991 i.e. much before the merger of BDLB into MbPT. The respondent also presented a list of documents available in the file of Shri Gade upto the period 1993.
5. Having considered the submissions of the parties, the Commission hereby directs the CPIO to issue notice under Section 11(1) of the RTI Act to the third party within five days of receipt of this order and in case Shri Gade has no objection, the appellant may be allowed to inspect the documents within two weeks of receipt of consent from third party, and take copies of documents identified by him on payment of requisite fees.
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 3 Case No. CIC/SS/A/2012/002826 Address of the parties:
Shri Sanjay Sitaram Kurhade, Anyay Nivaran Seva Samittee, Shop No. 23, Suryamukhi Coop. Hsg. Soc. Ltd., Opp. Raheja Complex, Near Patri Pool, Kalyan(W)-421301.
Sr. Dy. Traffic Manager (OBL) & CPIO, Mumbai Port Trust, Dr. Babasaheb Ambedkar Bhavan, 3rd Floor, North Wing, Near Blue Gate, Indira Dock, Mumbai-400001.
The First Appellate Authority, Mumbai Port Trust, General Administration Department, Port House, 2nd Floor, S.V. Marg, Ballard Estate, Mumbai-400001.