Central Information Commission
Mrs.Usha A Solanki vs Ministry Of Shipping,Road Transport ... on 3 July, 2013
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/2012/002964
Dated: 03.07.2013
Name of Appellant : Smt. Usha A. Solanki
Name of Respondent : Ministry of Shipping &
Directorate General of Shipping
Date of Hearing : 06.06.2013
ORDER
Smt. Usha A. Solanki, hereinafter called the appellant has filed the present appeal dated 13.8.2012 before the Commission against the respondent Ministry of Shipping, New Delhi & Directorate General of Shipping (DGS), Mumbai for not providing information in response to her RTI application dated 19.3.2012. The appellant was absent whereas the respondent were represented by Shri R.M. Suresh Kumar, Chief Ship Surveyor cum Jt. DG (Tech), DGS and Shri K.C. Dubey, Under Secretary/CPIO, Ministry of Shipping.
2. The appellant through her RTI application dated 19.3.2012 sought information on the following eight queries: "(1) Letter sent by DGS regarding suspension/cancellation of Master (FG) Certificate of Competency of Capt. A.B. Solanki under Sec 85 of MS Act along with relevant enclosures and note sheet copies; (2) As per Sec 85 only Central Government has power to suspend/cancel certificate and not DGS. In this connection when Show Cause Notice issued to Capt. Solanki itself is dated 2.3.2012 and Certificate of Competency was revalidated in 2011 April, then how this comes under suppression of 2 Case No. CIC/SS/A/2012/002964 information/false information as required by that Section; (3) Has Ministry of Shipping gone through the representation given by Mrs. Solanki dated 26.1.2012 and 20.2.2012 and Capt Solanki's representation dated 7.3.2012 and 17.3.2012 on subject of harassment by Dr. S.B. Agnihotri, DG Shipping prior taking any further decision on the letter sent by DGS as mentioned at Sr. No. 1; (4) As per which rule and/or RR it is mentioned that a person involved in casualty should nto be taken as surveyor in DGS. Kindly give copy of the same; (5) As power of appointment of ad-hoc surveyor lies with Secretary, Shipping, who has delegated to DG Shipping in 1983, can Ministry ask the reason from DGS for not extending the ad-hoc appointment of Capt Solanki when juniors contract are renewed and Principal Officer, MMD, Chennai who is controlling officer and Head of the Department has recommended his renewal; (6) Kindly provide me correspondence copies for Sr. Nos. 5 above along with note sheet copies of relevant files; (7) Where it is mentioned in the rule that person should hold valid COC for working as surveyor. Kindly provide copy of the same; and (8) Kindly provide copies of action taken by Ministry of Shipping on the four representation sent by Mrs. Solanki and Capt. Solanki along with relevant note sheet file copies and correspondence". The CPIO, Ministry of Shipping vide letter No. I- 35013/94/2012-Estt.II dated 27.3.2012 transferred the RTI application to the CPIO/DGS, Mumbai for providing information on Point No. 2, 4, 5, 6 and 7 of the RTI application directly to the appellant. The CPIO, Ministry of Shipping vide letter No/ O-35013/94/2012-Estt.II dated 2.5.2012 informed the appellant that the matter raised at Point No. 8 of the RTI application, was under examination of the Ministry. However, a copy of letter sent by DG(S) to Ministry regarding suspension/cancellation of COC of her husband was provided in reply of Point No. 1 of the RTI application. The CPIO, DGS vide letter dated 26.4.2012 again transferred the RTI application to the CPIO, Ministry of Shipping stating that Point No. 2, 5 and 6 of the RTI application by nature of its content are also pertaining to the Ministry. The CPIO, DGS vide letter dated 4.5.2012 replied to the appellant on Point No. 4 and 7 stating that the matter is subjudice and is being heard by Hon'ble Court. Therefore at this stage cannot be provided.
3 Case No. CIC/SS/A/2012/0029643. The FAA, DGS, before whom the appellant filed first appeal, vide his order dated 11.3.2013 upheld the reply of the CPIO, DGS.
4. During the hearing the CPIO, Ministry of Shipping informs the Commission that information sought by the appellant at Point No. 3 and 8 of her RTI application, the said representations have been examined by the Ministry and they have no objection in providing the entire action taken report in the matter. The CPIO, Ministry of Shipping vide letter dated 3.6.2013 already replied to the appellant on Point No. 2, 5 and 6 of her RTI application.
5. In view of above submissions of CPIO, Ministry of Shipping, the Commission hereby directs the CPIO, Ministry of Shipping to provide complete action taken report on various representations filed by her and her husband at Point No. 3 and 8 of the RTI application within seven days of receipt of this order. On remaining points requisite information as per record and permissible under the RTI Act has been provided to the appellant.
The matter is disposed of on the part of the Commission with above directions/observations.
(Sushma Singh) Information Commissioner Authenticated true copy:
(K.K. Sharma) OSD & Deputy Registrar 4 Case No. CIC/SS/A/2012/002964 Address of the parties:
Smt. Usha A. Solanki, Sea Breeze Housing Society, 1302/Tower 7, Sector 16, Palm Beach Road, Nerul (West), Navi Mumbai-400706.
The DDG & CPIO, Directorate General of Shipping , Jahaz Bhawan, W.H. Marg, Mumbai-400001.
The CPIO, Ministry of Shipping, Transport Bhavan, 1, Parliament Street, New Delhi-110001.
The Joint DDG & FAA, Directorate General of Shipping, Jahaz Bhawan, W.H. Marg, Mumbai-400001.