Central Information Commission
Mr.Satyawan V Sarvankar vs Mumbai Port Trust on 31 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/2012/000493
Dated: 31.08.2012
Name of Appellant : Shri Satyawan V. Sarvankar
Name of Respondent : Mumbai Port Trust
Date of Hearing : 09.08.2012
ORDER
Shri Satyawan V. Sarvankar, hereinafter called the appellant has filed the present appeal dated 16.11.2011 before the Commission against the respondent Mumbai Port Trust, Mumbai for not providing information in reply to his RTI- application dated 18.5.2011. The matter came up for hearing on 09.08.2012. The appellant was present whereas the respondent were represented by Shri P. Mohana Chandraj, Secretary & FAA and Shri S.D. Aserkar, Dy. C.E.
2. The appellant had, in his RTI application dated 18.5.2011 asked the CPIO to furnish the appellant with a copy of the joint complaint made by his fellow workers against the Secretary of the Trade Union and other employees in the same category i.e. "Scuba Divers". The request was rejected by the CPIO under Section 8(1) (e) of the RTI Act vide letter dated 15.6.2011.
3. Aggrieved with the reply of the CPIO, the appellant filed first-appeal on 19.7.2011 before the FAA. The FAA vide his order No. AA/RTI/FAA/ Order23/ 5067 dated 20.8.2011 allowed the appeal and has held that the CPIO is bound to disclose that part of the information sought, which does not expose the 2 Case No. CIC/SS/A/2012/000493 complainant or impede the investigation as provided u/s 10(1) of the RTI Act, which the CPIO may do within 15 days of receipt of the order. The CPIO has complied with the directions of the FAA vide his letter No. CE.B/6-4(RIA)/3266a dated 30.8.2011
4. During the hearing the appellant submits that he has not received the FAA's order. On the other hand the respondent submit that in compliance with the directions of the FAA, the CPIO has, vide letter dated 30.8.2011 furnished to the appellant photocopy of the joint complaint but without the names and signatures of the complainant. This was done as doing so would have exposed the complainants.
5. Upon consideration of the submissions made by the parties and on perusal of relevant documents on file, the Commission is of the view that requisite information permissible under the RTI Act has been provided to the appellant by the respondent. However, since the order of the FAA has not been received by the appellant, the CPIO is hereby directed to provide a copy of the FAA's order dated 20.8.2011 to the appellant within one week of receipt of this order.
The matter is disposed of with the above directions.
(Sushma Singh) Information Commissioner Authenticated true copy:
(K.K. Sharma) OSD & Deputy Registrar 3 Case No. CIC/SS/A/2012/000493 Address of the parties:
Shri Satyawan Sarvankar, A-706, Asha Garden, Subhash Road, Kumbharkhan Pada, Dombivali (W), District Thane-421202 (Maharashtra) The CPIO, Mumbai Port Trust, Port House, Shoorji Vallabhdas Marg, Ballard Estate, Mumbai-400001.
The First Appellate Authority, Mumbai Port Trust, Port House, Shoorji Vallabhdas Marg, Ballard Estate, Mumbai-400001.