Central Information Commission
Mr.Anil Laxman Kambli vs Mumbai Port Trust on 28 August, 2012
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/2012/000266
Dated: 28.08.2012
Name of Appellant : Shri Anil Laxman Kambli
Name of Respondent : Mumbai Port Trust
Date of Hearing : 09.08.2012
ORDER
Shri Anil Laxman Kambli, hereinafter called the appellant has filed the present appeal dated 7.9.2011.2011 before the Commission against the respondent Mumbai Port Trust, Mumbai of for providing incorrect and misleading information in reply to his RTI-application dated 2.7.2011. The matter came up for hearing on 09.08.2012. The appellant was absent whereas the respondent were represented by Shri P. Mohana Chandraj, Secretary & FAA and Shri R.N. Shaikh, Dy. Traffic Manager.
2. The appellant filed an application dated 2.7.2011, under the provisions of the RTI Act, seeking copies of documents received from the Municipal Corporation of Greater Mumbai in respect of complaint against himself. Initially, the CPIO vide letter dated 20.7.2011 replied to the appellant that the RTI request was not specific and requested the appellant to specify information/documents that he requires. Subsequently, the CPIO vide letter dated 20.7.2011 informed the appellant that some of the documents concerning this matter have already been provided to him along with charge memo dated 11.6.2010. However, a copy of one letter addressed to Dy. Docks Manager (Gen), MbPT by the Sr. 2 Case No. CIC/SS/A/2012/000266 Inspector Licence 'D' ward, Municipal Corporation of Greater Mumbai was provided to him. Further, five documents which represent correspondence made by the respondent public authority with the Municipal Corporation of Greater Mumbai, were also provided to him. One more correspondence, which remained to be provided to the appellant as part of the on-going enquiry, was also provided to the appellant on 20.7.2011.
3. Aggrieved with the reply of the CPIO, the appellant filed first-appeal before the FAA. The FAA vide his order No. AA/RTI/FAA/Order30/5355 dated 5.9.2011 held that all the requested documents have been provided to the appellant.
4. However not satisfied with the reply of the respondent, the appellant has filed the present appeal before the Commission.
5. Upon consideration of the submissions made by the parties and on perusal of relevant documents on file, the Commission observes that some of the documents concerning the case have already been provided to the appellant as part of the on-going departmental proceedings going on against him. Since these documents are already with the appellant, these cannot be said to be held by and under the control of the public authority and the respondent have no obligation to provide copies of the documents again, which they have already provided to the appellant under the on-going Departmental proceedings. Moreover, copies of other documents which had not been provided as a part of the on-going Departmental proceedings have been provided by the CPIO and it has been made clear to the appellant that no further documents remain to be provided to him. The Commission is of the view that requisite documents have been provided to the appellant as requested for in the RTI application.
The matter is disposed of on the part of the Commission.
3 Case No. CIC/SS/A/2012/000266(Sushma Singh) Information Commissioner Authenticated true copy:
(K.K. Sharma) OSD & Deputy Registrar Address of the parties:
Shri Anil Kumar Kambli, A-2, D/9, Panchvati Coop. Housing Society Ltd., Marol Maroshi Road, Marol, Andheri East, Mumbai-400059.
The CPIO, Mumbai Port Trust, Port House, Shoorji Vallabhdas Marg, Mumbai-400001.
The First Appellate Authority, Mumbai Port Trust, Port House, Shoorji Vallabhdas Marg, Mumbai-400001.