Central Information Commission
Mohd Zohurul Abdul Rashid Gazi vs Ministry Of Shipping on 8 November, 2018
क य सूचना आयोग
CENTRAL INFORMATION COMMISSION
बाबा गंगानाथ माग
Baba Gangnath Marg,
मु नरका, नई द ल -110067
Munirka, New Delhi-110067
File No.: CIC/DSHIP/A/2017/111100
In the matter of:
Mohd Zohurul Abdul Rashid Gazi
...Appellant
VS
A R Sengupta,
Deputy Secretary
M/o Agriculture & Farmers Welfare,
D/o Agriculture Research & Education,
Room NO. 206, Krishi Bhawan, New Delhi.
&
N G Mirajkar
Civil Engg. Department,
Shoorji Vallabhdas Marg,
Mumbai Port Trust, Mumbai.
...Respondent
Dates
RTI application : 29.08.2016
CPIO reply : 08.09.2016
First Appeal : 06.10.2016
FAA Order : Not on Record
Second Appeal : 13.02.2017
Date of hearing : 24.04.2018, 08.10.2018
Facts:
The appellant vide RTI application dated 29.08.2016 sought information regarding the reply sent to Sh. Arvind Sawant, Member of Parliament in connection with his letter dated 30.07.2016 and copy of action taken by Ministry of Shipping and Mumbai Port Trust in regard to the issues stated to be raised in the above mentioned letter of the Member of Parliament. The CPIO's 1 reply and the First Appellate Authority (FAA)'s order are not on record. Aggrieved with the non-supply of the desired information from the respondent authority, the appellant filed second appeal under the provision of Section 19 of the RTI Act before the Central Information Commission on 13.02.2017.
Grounds for Second Appeal The CPIO did not provide the desired information.
Order
Appellant : Absent
Respondent : Shri S.R. Datta,
Under Secretary cum CPIO,
Ministry of Shipping
Shri S.V. Laghvankar,
Superintending Engineer cum PIO,
Mumbai.
During the hearing, the respondent CPIO submitted that they had provided the requisite reply vide their letter dated 08.09.2016. The reply furnished to the appellant is just and proper and hence the case might be dismissed.
The appellant was not present to plead for his case. On perusal of the case record, it was seen that totally irrelevant reply was provided to the appellant in the present case for which a show cause notice needs to be issued to then PIO.
In view of the above, a Show Cause notice is issued to the then PIO, Ministry of Shipping u/s 20 of the RTI Act to explain the following:-
Why a completely irrelevant reply was provided to the appellant in connection with the RTI application dated 29.08.2016.
The explanation to the above stated Show Cause notice is to be submitted to the Commission by the respondent CPIO/PIO within 15 days of the receipt of 2 this order. The present CPIO is also to submit a report to the Commission indicating the name, address, mobile no., present place of posting and designation of the CPIO working at the relevant post at the relevant period. The present respondent CPIO is to serve a copy of this order to the then respondent CPIO under intimation to the Commission. On receipt of the explanation to the said Show Cause notice, further action as deemed appropriate will be taken.
The respondent CPIO should note that in the event of non-submission of the explanation within the time period stipulated above, the Commission has the liberty to take the required decision ex-parte against the respondent CPIO/PIO.
Be that as it may, since no desired information was provided to the appellant in the present case, the respondent CPIO is directed to provide revised point wise reply i.e. details of action taken on his representation dated 30.07.2016 complete in all respects to the appellant as available on record in the form of certified true copies of the documents sought e.g. note sheets, letters, correspondences, e-mails etc.(legible copies), free of charge u/s 7(6) of the RTI Act within 15 days of the receipt of the order. For this purpose, the concerned CPIO/PIO, can take assistance of any other office/department u/s 5(4) of the RTI Act.
The respondent CPIO is further directed to send a report containing the copy of the revised reply and the date of despatch of the same to the RTI appellant within 07 days thereafter to the Commission for record.
With the above Show cause/direction, the appeal is disposed of. Copies of the order be sent to the concerned parties free of cost.
Adjunct order : 08.10.2018
Respondent : N.G Mirajkar
Dy Chief Engineer (PD)
A R Sengupta
Deputy Secretary, Ministry of Shipping
3
Shri A R Sengupta, Deputy Secretary submitted that on perusal of the order of the CIC dated 24.04.2018, it is seen that necessary explanation had been sought from the then CPIO of M/o Shipping and PIO of Mumbai Port Trust for sending totally irrelevant reply to the applicant, Shri Mohd. A R Gazi in connection with his RTI application dated 29.08.2016. The issues raised by the RTI applicant were pertaining to illegal demolishing of 16 hutments, slum redevelopment in Mumbai Port Trust Land which was to be solved and replied to by Mumbai Port Trust Estate Officer. Hence, to expedite the matter, and to provide correct information/status to the RTI applicant, the said application of Shri. A R Gazi was transferred to the Mumbai Port Trust in accordance with Sec 6(3) of RTI Act, 2005 which was within the power of the then CPIO concerned.
Sh. N.G Mirajkar, Dy Chief Engineer (PD) submitted the following chronology of event:
Sl. Particulars Dates
No.
1 RTI application dated 29.08.2016 from Shri 10.10.2016
Mohd. Zohurul A.R Gazi (Applicant)
received to the CPIO, Civil Engineering dept. Mumbai Port Trust through CPIO, MOS-
CPIO, GAD,MbPT-CPIO, Estate Manager, MbPT.
2 Reply to RTI application dated 29.08.2016 09.11.2016 sent on 3 Applicant filed first appeal to MOS on 04.01.2017 4 First Appeal received by the CPIO, CE, 14.03.2017 MbPT from MOS-GAD, MBPT on 5 Comments on first appeal by CPIO, CE sent 17.03.2017 to FAA GAD, MbPT on 6 FAA vide order no. 3 of 2017-18 disposed of 07.04.2017 the appeal saying "Appeal is not maintainable".
7 CIC notice of hearing dated 02.04.2018 10.04.2018 received from MOS on 4 8 Shri S.B Lagwankar, Superintending 24.04.2018 Engineer & CPIO, CE dept., MbPT sent reply to applicant, Shri Mohd. Zohurul A.R Gazi 9 As per CIC's order dated 24.04.2018 reply 24.05.2018 along with enclosures to the RTI application dated 29.08.2016 was sent to the applicant, Shri Mohd. Zohurul A.R Gazi 10 The applicant, Shri Mohd. Zohurul A.R Gazi 25.05.2018 received, in person, the RTI reply Decision:
On perusal of the relevant case record and based on the explanation, it was noted by the Commission that the RTI application dated 29.08.2016 was transferred to Mumbai Port Trust by Shri A.R Sengupta, the then Deputy Secretary, Ministry of Agriculture & Farmers Welfare, department of Agriculture Research & Education, New Delhi vide his transfer letter dated 08.09.2016 u/s 6(3) of the RTI Act. It was stated by the Mumbai Port Trust that the same transfer letter along with the original RTI application was received by them on 10.10.2016. Accordingly, the requisite reply was provided to the appellant vide their letter dated 09.11.2016. However, from the perusal of the reply dated 09.11.2016, it was clear that the reply was not in accordance with the points raised in the RTI application for which a show cause notice was issued to the PIO, Ministry of Shipping u/s 20 of the RTI Act to explain why an irrelevant reply was provided to appellant in connection with the said RTI application dated 29.08.2016. The Ministry of Shipping in the explanation stated that the said RTI case needed information from the Mumbai Port Trust hence, for sending reply to the appellant, the said application was transferred to the Mumbai Port Trust for giving reply to the appellant within the stipulated time period under the RTI Act. The fact that somewhat irrelevant reply was provided to the appellant on 09.11.2016 should have been explained by the Mumbai Port Trust i.e. the then CPIO, Shri N.G Mirajkar who was present in 5 person to explain the reason for this lapse. Shri N.G Mirajkar, the then Dy.
Chief Engineer (PD), Mumbai Port Trust explained that the information had been duly provided vide their final reply dated 24.04.2018.
On perusal of the relevant case record, it was seen that reply of the respondent dated 24.04.2018 was provided in accordance with the points raised in the said RTI application. However, the explanation for the delay in providing the final reply i.e. the delay which occurred for the period from 10.10.2016 to 24.04.2018 has not been explained properly by the concerned CPIO, Shri N.G Mirajkar.
The Commission hereby imposes penalty of Rs. 10,000/- on the then CPIO, Shri N.G Mirajkar, Mumbai Port Trust for not complying with the Commission's directions thereby denying the requisite information under the provision of the RTI Act by not replying to the said RTI application. Accordingly, he is directed to pay a sum of Rs 10,000/- in 4 equal monthly instalments. The Chief Managing Director, Mumbai Port Trust is directed to recover the amount of Rs 10,000/- from the salary payable to Shri N.G Mirajkar and remit the same by way of demand draft drawn in favour of 'PAO CAT' New Delhi in 4 equal monthly instalments. The first instalment should reach the Commission by 10.12.2018 and the last instalment should reach by 10.03.2019. The Demand Drafts should be sent to Deputy Registrar (CR-II), e- mail;[email protected] Room no. 106, First Floor, Central Information Commission, Baba Gangnath Marg, Munirka, New Delhi-110067.
The registry of this bench is directed to send a copy of this order to the Chief Managing Director, Mumbai Port Trust for compliance of this order.
The Chief Managing Director, Mumbai Port Trust is directed to take action as per the above direction and submit an action taken report within 15 days from the receipt of this order.
6A copy of this order is to be sent to the The Chief Managing Director, Mumbai Port Trust for information and appropriate action.
With the above order, the showcause proceeding is treated as closed. Copies of the order be sent to the concerned parties free of cost.
अिमताभ भ टाचाय)
Amitava Bhattacharyya (अिमताभ टाचाय
Information Commissioner ( सूचना आयु )
Authenticated true copy
(अिभ मा णत स या पत ित)
Ajay Kumar Talapatra (अजय कुमार तलापा!)
Dy. Registrar (उप-पंजीयक)
011- 26182594 / [email protected] दनांक / Date Copy to:
1) Chief Managing Director, Mumbai Port Trust , Shoorji Vallabhdas Marg, Mumbai, Maharashtra- 400001.
2) Deputy Registrar (CR-II), e-mail;[email protected] Room no. 106, First Floor, Central Information Commission, Baba Gangnath Marg, Munirka, New Delhi-110067 7