Central Information Commission
Shri Mithilesh Kumar Singh vs Hq, Western Naval Command, Ministry Of ... on 16 February, 2009
Central Information Commission
Appeal No.CIC/WB/C/2007/00777-SM dated 29.08.2007
Right to Information Act-2005-Under Section (19)
Dated 16.02.2009
Complainant : Shri Mithilesh Kumar Singh
Respondent : HQ, Western Naval Command, Ministry of Defence
The Appellant is present.
On behalf of the Respondent, Cdr. S.K. Mishra, is present.
The brief facts of the case are as under.
2. The Complainant had requested the CPIO, in his letter dated 29 August 2007, for a number of information with regard to the rules and regulations governing the non- military/industrial employees of the Naval Dockyard at Mumbai and the appointment of a Judge Advocate in the same Dockyard. The CPIO, in his reply dated 19 September 2007, provided him with some information but denied some others. Instead of filing an appeal before the first Appellate Authority, the Complainant has chosen to file a complaint before this Commission.
3. During the hearing, we heard the submissions of both the sides. The Respondent submitted that had this matter come up before the first Appellate Authority, he would have got an opportunity to consider and resolve the issues raised by the Complainant. The Complainant claimed that he did not choose to file an appeal before the first Appellate Authority because he was not sure that he would get justice from that Authority.
4. We note that though the CPIO has provided certain information, he has specifically not provided the copy of the standing orders applicable to the non-military/industrial employees of the Dockyard and has also not provided a copy of that order of the competent authority according to which the Judge Advocate had been appointed in the Dockyard and had been authorised to take up disciplinary action against the civilian employees there. We feel that such documents should be provided to the Complainant as there is nothing in these documents which would attract the exemption provisions contained in Section 8 of the Right to Information (RTI) Act. In view of this, we direct the first Appellate Authority to provide the Complainant within 10 working days from the date of receipt of this order, (i) copies of the Standing Orders containing the terms and conditions of employment of non-military/industrial employees of the Naval Dockyard Mumbai and (ii) a copy of the government order/communication as per which the Judge Advocate has been appointed in the Dockyard to take disciplinary action against the civilian employees.
5. With the above directions, we dispose off the complaint.
6. Copies of this order be given free of cost to the parties.
(Satyananda Mishra) Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(Vijay Bhalla) Assistant Registrar