Central Information Commission
F Mohamed vs Chennai Port Trust on 15 March, 2021
CIC/CPOTR/A/2019/109545
के ीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमाग ,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या/ Second Appeal No.CIC/CPOTR/A/2019/109545
In the matter of:
F. Mohamed ... अपीलकता /Appellant
VERSUS
बनाम
CPIO, ... ितवादीगण /Respondent
Chennai Port Trust,
Administrative Office, Chennai
Relevant dates emerging from the appeal:
RTI Application filed on : 11.12.2018
CPIO replied on : 07.01.2019
First Appeal filed on : 29.01.2019
First Appellate Authority order : 19.02.2019
Second Appeal filed on : 28.02.2019
Date of Decision : 12.03.2021
The following were present:
Appellant: Absent (despite being served the hearing notice).
Respondent: Smt. C. Thara Sugirtha, Sr. Dy. Secretary and Shri A. Doraisamy,
Law Officer participated in the hearing through video conferencing from NIC,
Chennai.
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CIC/CPOTR/A/2019/109545
ORDER
Information sought:
The Appellant filed an RTI Application dated 11.12.2018 seeking information on the following five points:
1) "The reason for not conducting Check Off for the year 2018 in the month of October as per Shipping Ministry's guidelines.
2) The authority who has taken decision not to conduct Check Off to ascertain the membership of the Trade Unions functioning in Chennai Port Trust.
3) All the relevant documents (note files) including-legal opinions regarding non conduct of Check Off in the month of October 2018 may be furnished.
4) Whether Ministry's approval obtained for not conducting Check off.
5) All relevant documents (note files) and approvals given by the authority not to appoint Labour Trustees in Chennai Port Trust Board in the year 2016-18 & 2018-20 may be furnished."
The CPIO vide letter dated 07.01.2019, informed to Appellant as under:
"It is informed that due to contempt petition filed by one of the Unions on the procedure followed in conducting of Check-Off System is pending before the Hon'ble High Court of Madras, the required information cannot be furnished."
Being dissatisfied, the Appellant filed a First Appeal dated 29.01.2019. The First Appellate Authority vide order dated 19.02.2019, upheld the CPIO's reply.
Grounds for Second Appeal:
The Appellant filed a Second Appeal u/s 19 of the Act on the ground of unsatisfactory reply furnished by the Respondent. He requested the Commission to direct the CPIO to provide complete information sought for.
Submissions made by Appellant and Respondent during Hearing:
The Appellant did not participate despite being served the hearing notice.
The Respondent reiterated the contents of the written submission dated 19.02.2019. At the instance of the Commission as to whether the relevant Contempt Petition is Page 2 of 4 CIC/CPOTR/A/2019/109545 still pending or has it been disposed, the Respondent explained that the averred Contempt Petition has been disposed on 17.06.2019. She added that on 08.03.2021, complete information was provided to the Appellant.
A written submission has been received by the Commission from Shri U.R. Mohan Raju, PIO/Secretary, Chennai Port Trust vide letter dated 08.03.2021, wherein he has reiterated the facts and circumstances of the instant case.
Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that the composite reply provided by the Respondent on point nos. 3, 4 and 5 of the RTI Application is not satisfactory. Hence, the Commission directs the CPIO to provide a revised reply on point nos. 3, 4 and 5 of the RTI Application to the Appellant, with a copy marked to the Commission, within 15 days from the date of issue of this order.
With the above observations, the instant Second Appeal is disposed of. Copy of the decision be provided free of cost to the parties.
The Appeal, hereby, stands disposed of.
Amita Pandove (अिमता पांडव) Information Commissioner (सूचना आयु ) दनांक / Date: 12.03.2021 Authenticated true copy (अिभ मािणत स यािपत ित) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पंजीयक) 011-26105027 Page 3 of 4 CIC/CPOTR/A/2019/109545 Addresses of the parties:
1. The First Appellate Authority (FAA) Chennai Port Trust, Administrative Office, RajajiSalai, Chennai-600001
2. The Central Public Information Officer, Chennai Port Trust, Administrative Office, RajajiSalai, Chennai-600001
3. Shri F. Mohamed Page 4 of 4