Central Information Commission
Jaiprakash Sawant vs Ministry Of Shipping on 21 May, 2024
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/DSHIP/A/2023/134266
Shri JAIPRAKASH SAWANT ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
Ministry of Shipping
Date of Hearing : 17.05.2024
Date of Decision : 17.05.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 30.05.2023
PIO replied on : 13.06.2023
First Appeal filed on : 20.06.2023
First Appellate Order on : 27.06.2023
2ndAppeal/complaint received on : 07.08.2023
Information soughtand background of the case:
The Appellant filed an RTI application dated 30.05.2023 seeking information on following points:-
"The Ministry of Ports, Shipping and Waterways, Public-Partnership Partnership Wing by the Office Memorandum No. PD-11021/19/2017- PD.III/PPP/e-328625 dated 14.07.2022 has constituted the Committee under the Chairmanship of the Chairman, Inland Waterways Authority of India (MOPSW) for suggesting the Way Forward for Financial Closure in respect of the Project of 'Establishment of 600 bedded Super Specialty Hospital with an option to develop a Medical College at Mumbai Port Hospital through PPP mode'. In this context, please provide me the following information/documents which are of public importance. taken by the Committee from to time,
(iii) the conclusions of the said Committee,
(iv) the number of meetings held by this Committee,
(v) the particulars of the documents examined by this Committee,
(vi) the persons with whom the Committee had deliberations on the subject matter and
(vii) the next date of the meeting of the Committee."
Page 1 The CPIO (PPP Cell), Ministry of Ports, Shipping & Waterways, New Delhi vide letter dated 13.06.2023 replied as under:-
"The information requested is maintained by the Mumbai Port Authority. Therefore, your application is being transferred to CPIO, Mumbai Port Authority under Section 6(3) of Right to Information Act, 2005 for providing the information directly to you."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 20.06.2023. The FAA vide order dated 27.06.2023 stated as under:-
"4. On the scrutiny of the records, it is observed that the RTI Application dated 22.05.2023 (received on 06.06.2023 to the CPIO) from the Applicant was transferred by the CPIΟ (Ministry of Ports, Shipping & Waterways) to the CPIO (Mumbai Port Authority) under Section 6(3) of the Right to Information Act, 2005, vide his letter PD-13/50/2023-PPP/e- 359590 dated 13.06. 2023. As per the record available, it is found that the Ministry of Ports, Shipping & Waterways, vide its Office Memorandum No.PD-11021/19/2017-PD.III/e-328625 dated 14.07.2022 (copy attached) constituted a Committee under the chairmanship of the Chairman, Inland Waterways Authority of India for suggesting the way forward on the Project 'Establishment of 600 bedded Super Speciality Hospital at Mumbai Port Hospital through PPP Mode'.
5. Further, it is observed that the Secretariat Assistance to the Committee in the matter is to be provided by the Mumbai Port Authority and the final report from the Committee is still awaited. The said Constituted Committee is to give the final report to the Ministry and for the reason of fair and unbiased examination of the case, the said Committee was not required to share any deliberations done by them with the Ministry of Ports, Shipping and Waterways. Therefore, the transfer of the RTI Application dated 22.05.2023 received from the Applicant by the CPIO (Ministry of Ports, Shipping & Waterways) to the CPIO (Mumbai Port Authority) under Section 6(3) of the Right to Information Act, 2005 may not be treated as denial of request."
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Written submission dated 09.05.2024 has been received from the Appellant and same has been taken on record for perusal.
Written submission dated 10.05.2024 has been received from the CPIO, Ministry of Ports, Shipping and Waterways and same has been taken on record. The relevant extract whereof is as under :
"10. In view of the above, it is pertinent to inform that the Ministry of Ports, Shipping & Waterways, vide its O.M. No.PD- 11021/19/2017-PD.III/PPP/e-328625 dated 14.07.2022 (copy enclosed), Page 2 constituted the Committee under the chairmanship (IWAI) for suggesting the way forward on the issues relating to the Mumbai Port Hospital Project. In response, the Committee submitted its report to this Ministry on 10.07.2023. Keeping in view the recommendation of the Committee, this Ministry, vide its O.M. No.PD-11021/19/2017-PD dated 11.08.2023((copy enclosed)), requested the Ministry of Law & Justice, Department of Expenditure (Ministry of Finance), and Ministry of Corporate Affairs for their views in the matter. In response, D/o Expenditure on 24.08.2023, and D/o Legal Affairs on 22.11.2023, submitted their comments/views to this Ministry. The requisite comments sought from M/o Corporate Affairs are still awaited in the matter.
11. The information requested by the applicant in his application/appeal [i.e.
(a) The record of minutes of the meetings or record of discussion of the meetings of this Committee held from time to time; (b) The resolution passed by the Committee or the decision taken by the Committee from time to time;
(c) The conclusions of the said Committee] attracts the provision of Sections 8 & 11 of the Right to Information Act, 2005 which exempt certain information from disclosure. Therefore, in accordance with the provisions contained in the sub-section (2) & (4) of Section 11 of the RTI Act, 2005, CPIO, vide his letter of even number dated 17.08.2023 (copy enclosed), had requested the thirty party concerned to furnish their representation/reply to CPIO within ten days from the date of receipt of that notice. In response, the thirty parties concerned objected to disclosure of information under Section 8 & 11 of RTI Act, 2005. A copy each of the submission/reply of the third party concerned is enclosed herewith. Thus, the information requested by the applicant in his application/appeal that attracts the provision of section 8 and sub section 2 and 4 of section 11 of the Right To Information Act.."
Facts emerging in Course of Hearing:
Appellant: Present through video-conferencing.
Respondent: 1. Mr. Manish Kumar Yadav, US/CPIO participated in the hearing.
2. Mr. Mandar Parkar DS, Mumbai Port participate in the hearing through video-conferencing.
The Appellant stated that the relevant information has not been furnished to him till date. He stated that the Respondent has not furnished copy of report of committee which was set up for giving financial closure to a project of 600 bed superspecialist hospital with an option to develop a Medical College at Mumbai Port Hospital. He requested to direct the PIO to furnish information as sought in the instant RTI Application.
Mr. Manish Kumar reiterated the averments made in their written submission and stated that the final report of the High Powered committee has been received by the Ministry of Ports, Shipping & waterways on 10.07.2023 along with the Minutes of 'the meeting. He averred that the Ministry had requested the Ministry of Law & Justice, Department of Expenditure (and Ministry of Corporate Affairs for their views in the matter. In response, D/o Expenditure on 24.08.2023, and D/o Legal Affairs on 22.11.2023, submitted their comments/views to this Ministry. The requisite comments sought from M/o Corporate Affairs are still Page 3 awaited in the matter. He stated that fresh point wise reply has been provided in their written with respect to queries raised in the instant RTI Application.
Decision:
At the outset, Commission directs the concerned PIO to furnish a copy of their latest written submission along with annexures if any, to the Appellant, free of cost via speed-post and via e-mail, within 07 days from the date of receipt of this order and accordingly, compliance report be sent to the Commission.
Upon perusal of records and submissions made during hearing, it is noted that the Appellant's queries had been appropriately answered by concerned PIO. Furthermore, written submission filed by the Respondent is comprehensive and self-explanatory. Thus, information as permissible under the provisions of the RTI Act has been duly furnished to the Appellant. In the given circumstances, no further intervention of the Commission is warranted in this case under the RTI Act.
Appeal is disposed of accordingly.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
Nil Powered by TCPDF (www.tcpdf.org) Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
Nil Powered by TCPDF (www.tcpdf.org) Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
Nil Powered by TCPDF (www.tcpdf.org)