Central Information Commission
Santosh Dokre vs Textile Committee on 24 June, 2020
Author: Vanaja N Sarna
Bench: Vanaja N Sarna
केंद्रीय सच
ु ना आयोग
CENTRAL INFORMATION COMMISSION
बाबा गंगनाथ मागग
Baba Gangnath Marg
मनु नरका, नई ददल्ऱी - 110067
Munirka, New Delhi-110067
File No.: CIC/TEXTC/A/2019/139255+ 139307 +
139333 & 139331
In the matter of:
Santosh Dokre
... Appellant
VS
CPIO/Assistant Director (Admn-P)
Textiles Committee
Ministry of Textiles
P. Balu Road, Prabhadevi Chowk,
Prabhadevi, Mumbai - 400025
...Respondent
Date of hearing : 19.06.2020
Date of decision : 19.06.2020
File Nos. RTI application CPIO First Appeal FAA's Complaint
filed on replied on filed on Order on Dated
139255 18.02.2019 14.03.2019 10.04.2019 31.05.2019 03.08.2019
139307 12.03.2019 04.04.2019 25.04.2019 30.05.2019 03.08.2019
139333 18.02.2019 14.03.2019 10.04.2019 31.05.2019 03.08.2019
139331 18.02.2019 16.03.2019 10.04.2019 31.05.2019 03.08.2019
The following were present:
Appellant: Not present
Respondent: Shri M D Khapekar, Assistant Director & CPIO, heard over phone.
1Information Sought:
In File No.: CIC/TEXTC/A/2019/139255, the appellant has sought the following information for the period from 1999 to till date:
1. Provide the list of all the suits that have been filed against Textile Committee for eviction under Rent Act alongwith the suit number and names of parties.
2. Provide the list of all the appeals filed by and against Textile Committee in the High Court of Mumbai and Supreme Court for eviction under the Rent Act alongwith the suit number and name of the party.
3. Provide the details of all the Mense profits paid by Textile Committee.
In File No.: CIC/TEXTC/A/2019/139307, the appellant has sought a copy of the Occupation Certificate alongwith Sanction Plan for the building known as Crystal House, situated at Plot No 79, Dr. Annie Besant Road, Worli, Mumbai- 400018.
In File No.: CIC/TEXTC/A/2019/139333, the appellant has sought the following information with reference to suit filed in Small Causes Court of Bombay (TE), Suit No.132 of 2015, Vedant Property Pvt Ltd Versus Textiles Committee & Ors:
1. Whether the Textiles Committee has received Plaintiffs application for amendment dated 31.01.2019.
2. Consequent to the said suit, whether the Textiles Committee is aware of the following Deed of Assignments between Vedant Property Pvt Ltd (Assignee) and the following assignors:
S.No Doc Date Assignors 1 11/09/2007 Sushilabai Dhanwatay & 15 Ors 2 07/07/2008 Sumatibai Dhanwatay 3 07/05/2008 Sarlabai Dhanwatay & 1 Ors 4 22/01/2009 Kalpana Gandhi 5 28/10/2010 Hiraji Dhanwatay 6 04/01/2019 Manikbai Dhanwatay
3. Whether Textiles Committee is aware that Vedant Property Pvt Ltd has taken complete Assignment of the above mentioned 22 Co-owners.
4. And other related information.2
In File No.: CIC/TEXTC/A/2019/139331, the appellant has sought the following information:
1. Whether Textiles Committee is a "Protected tenant" under the Maharashtra Rent Control Act, 1999.
2. If yes, under which section/sub-section of the Maharashtra Rent Control Act, 1999, they are protected.
3. Provide a copy of all the legal opinions received by the Textiles Committee from the legal department regarding Textiles Committee enjoying the benefit of tenancy under the Maharashtra Rent Control Act in all matters where eviction suits have been filed by the landlords against Textiles Committee.
Grounds for Second Appeal The CPIO did not provide the desired information quoting Sec.2(f) of the RTI Act.
Submissions made by Appellant and Respondent during Hearing:
The appellant was not present to plead his case despite having confirmed participation in the audio hearing .
The CPIO while giving the background of the case submitted that the appellant was a regular seeker of large amounts of information under the RTI Act with respect to the property of a third party situated on the 2nd and 3rd Floor, Crystal House, Plot No.79, Dr. Annie Besant Road, Worli, Mumbai, which information has been provided to him as much as possible, from time to time notwithstanding the fact that no public interest was involved in the sought for information. He stated that the appellant himself was not directly concerned with the information collected by him. He was working in a company whose Director has financial interest in the said property as there is litigation going on for that property. To substantiate his submissions, he submitted a letter dated 03.01.2020 received from Shri Santosh Dokre, the appellant who informed through his written submissions in the form of a letter addressed to the Textiles Committee that he has nothing to do with RTI applications made by him as it was purely done on behalf of his employer who is an interested party in a litigation between Textiles Committee, Government of India, Ministry of Textiles and Vedant Property, where he has alleged financial interest in buying of property. Since he is no longer working with the said 3 company, the information sought through the above mentioned RTI applications is no more relevant to him and hence he is no longer interested in pursuing these matters.
Observations:
Having perused the letter submitted by the CPIO dated 03.01.2020, it is evident that the appellant is not interested in pursuing the matters mentioned above as stated by him that he had filed the RTI applications on behalf of his ex-employer. However, to verify the same, the registry attached with this bench contacted the mobile number given by the appellant in his second appeal memo, however, the number belonged to some other person namely Shri Sunil who stated that Shri Santosh Dokre was working with him in the said company but he has left the job and is no more in contact with him. Under such circumstances, the Commission, without going into the merits of the case, is constrained to dismiss all the RTI applications listed above for want of any response from the appellant. The appellant too failed to participate in the audio hearing to pursue his cases.
Decision:
In view of the above, the appeals are dismissed.
Vanaja N. Sarna (वनजा एन. सरना) Information Commissioner (सच ू ना आयक् ु त) Authenticated true copy (अभिप्रमाणित सत्यापित प्रतत) A.K. Assija (ऐ.के. असीजा) Dy. Registrar (उप-पंजीयक) 011- 26182594 / दिन ंक / Date 4