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Sameer S Dudani vs Kandla Port Trust on 15 April, 2021

                                                   CIC/KPOTR/A/2019/111305

                              के   ीय सूचना आयोग
                      Central Information Commission
                            बाबागंगनाथ माग,मुिनरका
                       Baba Gangnath Marg, Munirka
                         नई द ली, New Delhi - 110067


ि तीय अपील सं या/ Second Appeal No. CIC/KPOTR/A/2019/111305

In the matter of:

Sameer S. Dudani                                         ... अपीलकता/Appellant
                                    VERSUS
                                     बनाम

CPIO,                                                  ... ितवादीगण /Respondent
/Sr. Dy. Secretary, Deendayal
Port Trust, General Admin Dept.,
Administrative Office, Establishment
Division, Gandhidham, Kutch, Gujarat

2. CPIO
/Sr. Dy. Secretary (Estate),
Deendayal Port Trust, Administrative
Office, Estate Division, Gandhidham,
Kutch, Gujarat

3. CPIO
/Dy. CVO, Deendayal Port Trust,
Administrative Office, Vigilance
Department, Gandhidham, Kutch,
Gujarat.

4. CPIO
/Dy. CAO, Deendayal Port Trust,
Administrative Office, Finance
Department, Gandhidham, Kutch,
Gujarat.



                                                                      Page 1 of 6
                                                         CIC/KPOTR/A/2019/111305

Relevant dates emerging from the appeal:

RTI Application filed on                  :   12.11.2018
CPIO replied on                           :   16.11.2018
First Appeal filed on                     :   05.01.2019
First Appellate Authority order           :   Not on Record
Second Appeal Received on                 :   13.03.2019
Date of Hearing                           :   13.04.2021

The following were present:

Appellant: Absent (despite being served the hearing notice).

Respondent: Shri A. Krishnan, CPIO and Sr. Dy. Chief Accounts Officer and
Shri Haresh Alwani, representative of CPIO and Designs Engineer, Deendayal Port
Trust participated in the hearing through video conferencing from NIC Kutch.


                                      ORDER

Information sought:

The Appellant filed an RTI Application dated 12.11.2018 seeking information on the following thirteen points:

1) "Please provide me certified copy of the details regarding action taken against my letter Dt. 30/07/2018 and letter Dt. 15/10/2018 by The Chairman, Deendayal Port Trust for the public purpose plot allotted to Kachchh District Badminton Association whose lease is over.

2) Please, provide me certified copy of the details regarding action against my letter Dt. 30/07/2018 and letter Dt. 15/10/2018 taken by Central Vigilance Commission, New Delhi ,as available in your records, for the public purpose plot allotted to Kachchh District Badminton Association whose lease is over.

3) Please provide me certified copy of the details regarding action taken against my letter Dt. 30/07/2018 and letter Dt. 15/10/2018 by Director Port, Ministry of Shipping, New Delhi, as available in your records, for the public purpose plot allotted to Kachchh District Badminton Association whose lease is over.

CIC/KPOTR/A/2019/111305

4) Please provide me certified copy of the details regarding action taken against my letter Dt. 30/07/2018 (Annexure A) and letter Dt. 15/10/2018 (Annexure B) by Chief Vigilance Officer Deendayal Port Trust for the public purpose plot allotted to Kachchh District Badminton Association whose lease is over.

5) Please provide me certified copy for the details regarding action taken against my letter Dt. 30/07/2018 and letter Dt. 15/10/2018 by Financial Advisor and Chief Accounts Officer, Deendayal Port Trust for the public purpose plot allotted to Kachchh District Badminton Association whose lease is over.

6) Please provide me certified copy for the details regarding action taken against my letter Dt. 30/07/2018 and letter Dt. 15/10/2018 by Estate Officer, Deendayal Port Trust for the public purpose plot allotted to Kachchh District Badminton Association whose lease is over.

7) Please provide me certified copy of the details regarding action taken against my letter Dt. 30/07/2018 and letter Dt. 15/10/2018 by Secretary, Ministry of Shipping, New Delhi, as available in your records, for the public purpose plot allotted to Kachchh District Badminton Association whose lease is over.

8) Please provide CD of video conferencing carried out by The Chairman, Deendayal Port Trust in respect of my letter Dt. 30/07/2018 and letter Dt. 15/10/2018 for the public purpose plot allotted to Kachchh District Badminton Association whose lease is over.

9) Please provide me certified copy of the details regarding action taken against my letter Dt. 30/07/2018 and letter Dt. 15/10/2018 by Financial Advisor and Chief Accounts Officer, - Deendayal Port Trust, as available in your records, for the public purpose plot allotted to Kachchh District Badminton Association whose lease is over.

10) Please provide me certified copy of the details about any action taken by any Trustees of Deendayal Port Trust for the public purpose plot allotted to Kachchh District Badminton Association whose lease is over regarding as per my letter Dt. 30/07/2018 and letter Dt. 15/10/2018.

11) Please provide me certified copy of the details regarding action taken against my letter Dt. 30/07/2018 and letter Dt. 15/10/2018 by Gandhidham Municipality, as available in your records, for the public purpose plot allotted to Kachchh District Badminton Association whose lease is over.

12) Please provide me certified copy of the details regarding action taken against my letter Dt. 30/07/2018 and letter Dt. 15/10/2018 by Collector of Kutch, as available in your records, for the public purpose plot allotted to Kachchh District Badminton Association whose lease is over.

13) Please, provide me certified copy of the details regarding action taken against my letter Dt. 30/07/2018 and letter Di. 15/10/2018 by Accountant General, New Delhi as available in your records, for the public purpose plot allotted to Kachchh District Badminton Association whose lease is over."

CIC/KPOTR/A/2019/111305 The CPIO vide letter dated 16.11.2018, transferred the RTI application u/s 6(3) of the RTI Act to Sr. Dy. Secretary (Estate) & CPIO on point nos. 1, 6, 8 & 10 of the RTI Application. The CPIO vide letter dated 16.11.2018 transferred the RTI application u/s 6(3) of the RTI Act to Dy. CVO & CPIO on point no. 4 of the RTI Application as it pertained to the Vigilance Department. The CPIO vide letter dated 16.11.2018 transferred the RTI application u/s 6(3) of the RTI Application to Sr. Dy. CAO & CPIO on point nos. 5 & 9 of the RTI Application as it pertained to Finance Department. The CPIO vide letter dated 15.11.2018 transferred the RTI application u/s 6(3) of the RTI Act to the District Collector, Kutch District, Bhuj on point no. 12 of the RTI Application as it pertained to the Collector office. Being dissatisfied, the Appellant filed a First Appeal dated 05.01.2019, which has not been adjudicated by the First Appellate Authority.

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.

Shri A. Krishnan reiterated the contents of the written submission dated 05.04.2021.

Shri Haresh Alwani, Designs Engineer and representative of CPIO submitted that the subject-matter of the instant case has already been heard by this Bench vide Complaint File No. CIC/DSHIP/C/2018/167806 and decided by 15.01.2021.

CIC/KPOTR/A/2019/111305 A written submission has been received by the Commission from Shri A. Krishnan, CPIO and Sr. Dy. Chief Accounts Officer, Deendayal Port Trust vide letter dated 05.04.2021, wherein he has stated that the CPIO has replied on 06.11.2018 and the First Appellant Authority has also adjudicated the First Appeal on 11.03.2019.

Decision:

Upon perusal of the facts on record as well as on the basis of the proceedings during hearing, the Commission observes that an identical matter was heard by this Bench vide Complaint File No. CIC/DSHIP/C/2018/167806 and decided by 15.01.2021.

In view of the above, the instant Second Appeal is barred by principles of res judicata. No further scope of intervention is required in the instant matter. 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 dismissed.

Amita Pandove (अिमता पांडव) Information Commissioner (सूचना आयु ) दनांक / Date: 13.04.2021 Authenticated true copy (अिभ मािणत स यािपत ित) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पंजीयक) 011-26105027 Page 5 of 6 CIC/KPOTR/A/2019/111305 Addresses of the parties:

1. The First Appellate Authority (FAA) /Sr. Dy. Secretary, Deendayal Port Trust, General Admin Dept., Administrative Office, Post-Box No. 50, Gandhidham, Kutch, Gujarat-370201

2. The Central Public Information Officer, /Sr. Dy. Secretary, Deendayal Port Trust, General Admin Dept., Administrative Office, Establishment Division, Post-Box No. 50, Gandhidham, Kutch, Gujarat-370201

3. The Central Public Information Officer, /Sr. Dy. Secretary (Estate), Deendayal Port Trust, Administrative Office, Estate Division, Post-Box No. 50, Gandhidham, Kutch, Gujarat-370201

4. The Central Public Information Officer, /Dy. CVO, Deendayal Port Trust, Administrative Office, Vigilance Department, Post-Box No. 50, Gandhidham, Kutch, Gujarat-370201

5. The Central Public Information Officer, /Dy. CAO, Deendayal Port Trust, Administrative Office, Finance Department, Post-Box No. 50, Gandhidham, Kutch, Gujarat-370201

6. Shri Sameer S. Dudani Page 6 of 6