Central Information Commission
Sameer S Dudani vs Ministry Of Shipping on 15 January, 2021
CIC/DSHIP/C/2018/167806
के ीय सूचना आयोग
Central Information Commission
बाबागंगनाथमाग ,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
िशकायत सं या / Complaint No. CIC/DSHIP/C/2018/167806
In the matter of:
Sameer S. Dudani ...िशकायतकता/Complainant
VERSUS
बनाम
CPIO, ... ितवादीगण /Respondent
Deendayal Port Turst,
Administrative Office,
Kutch, Gujarat.
Relevant dates emerging from the Complaint:
RTI : 01.10.2018 FA : NIL Complaint : 15.11.2018
CPIO : NIL FAO : NIL Hearing : 15.01.2021
The following were present:
Complainant: Absent (despite serving the hearing notice).
Respondent: Shri K. Srinivas Rao, CPIO and Supdt. Engineer (Estate) participated
in the hearing through video conferencing from NIC Kachchh.
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CIC/DSHIP/C/2018/167806
ORDER
Information sought:
The Complainant filed an RTI Application dated 01.10.2018 seeking information on the following nine points:
1) Supply a certified copy of the details regarding action taken against appellant letter dated 30/07/2018 by The Chairman, Deendayal Port Trust for the public purpose plot allotted to Kachchh District Badminton Association whose lease is over.
2) Supply a certified copy of the details regarding action against appellant letter dated 30/07/2018 taken by Central Vigilance Commission, New Delhi, as available in your records, for the public purpose plot allotted to Kachchh District Badminton Association whose lease is over.
3) Supply a certified copy of the details regarding action taken against appellant letter dated 30/07/2018 by Director Port, Ministry of Shipping, New Delhi, as available in your records, for the public purpose plot allotted to Kachchh District Badminton Association whose lease is over.
4) Supply a certified copy of the details regarding action taken against appellant letter dated 30/07/2018 by Chief Vigilance Officer Deendayal Port Trust for the public purpose plot allotted to Kachchh District Badminton Association whose lease is over.
5) Supply a certified copy for the details regarding action taken against appellant letter dated 30/07/2018 by Financial Advisor and Chief Accounts Officer, Deendayal Port Trust for the public purpose plot allotted to Kachchh District Badminton Association whose lease is over.
6) Supply a certified copy for the details regarding action taken against appellant letter dated 30/07/2018 by Estate Officer, Deendayal Port Trust for the public purpose plot allotted to Kachchh District Badminton Association whose lease is over.
7) Supply a certified copy or the details regarding action taken against appellant letter dated 30/07/2018 by Secretary, Ministry of Shipping, New Delhi, as available in your records, for the public purpose plot allotted to Kachchh District Badminton Association whose lease is over.Page 2 of 6
CIC/DSHIP/C/2018/167806
8) Provide CD of video conferencing carried out by The Chairman, Deendayal Port Trust in respect of appellant letter dated 30/07/2018 for the public purpose plot allotted to Kachchh District Badminton Association whose lease is over.
9) Supply a certified copy of the details about any action taken by any Trustees of Deendayal Port Trust for the public purpose plot allotted to Kachchh District- Badminton Association whose lease is over regarding as per appellant letter dated 30/07/2018.
Having not received any information from the CPIO, the complainant approached the Commission vide this instant Complaint.
Grounds for Complaint:
The Complainant filed a Complaint u/s 18 of the RTI Act on the non-receipt of information from the Respondent. He requested the Commission to direct the CPIO to provide complete information sought for and take appropriate legal action against the Respondent.
Submissions made by Complainant and Respondent during Hearing:
The Complainant did not participate in the hearing despite serving the hearing notice.
The Respondent submitted that with reference to the information sought in the instant RTI Application, the Complainant has been informed vide letter dated 13.01.2021 that the Plot under reference was allotted by DPT to Gandhidham Municipality and that the Gandhidham Municipality has been asked several times to hand over the peaceful possession of Plots upon expiration of the lease vide their Office Letter No. ES/TN/3609/6908 dated 23.12.2019. He further submitted that it is on the part of Gandhidham Municipality to take action against the accused allottee, if there is any change of land use.Page 3 of 6
CIC/DSHIP/C/2018/167806 A written submission has been received by the Commission from the CPIO and Superintending Engineer (Estate), Deendayal Port Trust vide letter dated 13.01.2021 wherein he has stated that the instant RTI Application dated 01.10.2018 was not received by them and upon hectic pursuance, the same has not been traced in their records. However, a copy of the present RTI Application has been received by the Respondent after receiving the hearing notice from the Commission.
Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission relies upon the judgment of Hon'ble Supreme Court dated 12.12.2011 in Chief Information Commissioner and Another vs. State of Manipur and Anr., [Civil Appeal Nos. 10787-10788 of 2011], wherein it has been held as under:
"...28. The question which falls for decision in this case is the jurisdiction, if any, of the Information Commissioner under Section 18 in directing disclosure of information. In the impugned judgment of the Division Bench, the High Court held that the Chief Information Commissioner acted beyond his jurisdiction by passing the impugned decision dated 30th May, 2007 and 14th August, 2007. The Division Bench also held that under Section 18 of the Act the State Information Commissioner is not empowered to pass a direction to the State Information Officer for furnishing the information sought for by the complainant. ...
30. It has been contended before us by the Respondent that under Section 18 of the Act the Central Information Commission or the State Information Commission has no power to provide access to the information which has been requested for by any person but which has been denied to him. The only order which can be passed by the Central Information Commission or the State Information Commission, as the case may be, under Section 18 is an order of penalty provided under Section
20. However, before such order is passed the Commissioner must be satisfied that the conduct of the Information Officer was not bona fide.Page 4 of 6
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31. We uphold the said contention and do not find any error in the impugned judgment of the High court whereby it has been held that the Commissioner while entertaining a complaint under Section 18 of the said Act has no jurisdiction to pass an order providing for access to the information. ...
...
37. We are of the view that Sections 18 and 19 of the Act serve two different purposes and lay down two different procedures and they provide two different remedies. One cannot be a Substitute for the other...."
With the above observations, the instant Complaint is disposed of. Copy of the decision be provided free of cost to the parties.
The complaint, hereby, stands disposed of.
Amita Pandove (अिमता पांडव) Information Commissioner (सूचना आयु ) दनांक / Date: 15.01.2021 Authenticated true copy (अिभ मािणत स यािपत ित) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पंजीयक) 011-26105027 Page 5 of 6 CIC/DSHIP/C/2018/167806 Addresses of the parties:
1. The First Appellate Authority, Deendayal Port Trust, Administrative Office, P.B. No. 50, Gandhidham, Kutch, Gujarat - 370201
2. The Central Public Information Officer, Deendayal Port Turst, Administrative Office, P.B. No. 50, Gandhidham, Kutch, Gujarat - 370201
3. Shri Sameer S. Dudani Page 6 of 6