Central Information Commission
Mr.Suryakant Dattatrya Shinde vs Ministry Of Shipping,Road Transport ... on 12 September, 2012
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/2012/001812
Dated: 12.09.2012
Name of Appellant : Shri Suryakant Dattatrya Shinde
Name of Respondent : Ministry of Shipping
Date of Hearing : 23.08.2012
ORDER
Shri Suryakant Dattatrya Shinde, hereinafter called the appellant, has filed the present appeal dated 4.11.2011 before the Commission against the respondent Ministry of Shipping, New Delhi, for not providing complete and satisfactory information in response to his RTI-application dated 25.4.2011. The matter came up for hearing on 23.8.2012. The appellant was present whereas the respondent were represented by Shri Sunil Mishra, Director & CPIO.
2. The appellant has through his RTI petition dated 15.12.2011 sought information on the following four queries: "(a) Certified copies of MbPT's letter No. Secy/P/GEE/160 dated 3.4.2010; (b) Certified copies of submission of specific detail of para-wise marginal comments and notings, notes and speaking order for rejection of my Review Petition dated 21.1.2010 (Total 77 pages) and synopsis submissions (total 278 pages) during personal hearing on 18.2.2011;
(c) Certified copies of letter No. C-13019/75/2009-PE-II dated 8.10.2009 from the section officer (PE-II), GOI, Ministry of Shipping (Ports Wing) addressed to the Chairman, MbPT and reply received from MbPT to the same; and (d) Certified copies of submission of specific detail of para-wise marginal comments and 2 Case No. CIC/SS/A/2012/001812 notings, notes and speaking order on my Review Petition dated 24.11.2008 and also if any comments offered from MbPT and received accordingly in the matter." The CPIO vide his letter No,. I-35013/67/2011-Estt.II dated 24.5.2011 informed the appellant that the requisite information/documents to be supplied contains 490 pages. The appellant was requested to deposit requisite amount of Rs. 980/-.The appellant vide letter dated 24.6.2011 remitted the said amount to the CPIO. In reply the CPIO vide letter dated 27.6.2011 requested the appellant to collect the material from him personally or through his authorized representative from Room No,. 431, Transport Bhawan, New Delhi. However, the CPIO vide his letter dated 10.8.2011 provided the requisite documents to the appellant.
3. Aggrieved with the reply of the CPIO, the appellant filed first appeal before the FAA on 5.9.2011. The FAA vide his order No. I-35013/67/2011-Estt.II dated 10.10.2011 held that information on Point No. (a) to (d) of the RTI application has been provided to the appellant. However, the appellant was advised to inspect the concerned records/file as per his convenience.
4. During the hearing the appellant submits that he has not been provided certified copies of documents. The respondent CPIO on the other hand states that 490 documents have been provided to the appellant. However, they have now authenticated each of the 490 pages and are prepared to provide to the appellant.
5. The Commission hereby directs the CPIO to provide authenticated copies of the aforementioned documents to the appellant free of cost, within seven days of receipt of this order. The appellant also submits that the FAA's order dated 10.10.2011 has not been fully complied with by the CPIO. At Point (i) the FAA held as follows: "Reply not received by the Ministry However, it may be collected from Mumbai Port Trust." The CPIO states that the direction of the FAA have to be complied with by the Mumbai Port Trust and a copy of the order of the FAA has also been endorsed to the Chairman, Mumbai Port Trust for 3 Case No. CIC/SS/A/2012/001812 compliance. The CPIO accepts that representation against appellant's alleged illegal activities in Mumbai Port Trust has been received from the PG Cell of Cabinet Secretariat, which has been forwarded to the Mumbai Port Trust for examination and to provide reply to the appellant under intimation to the Ministry. The Commission, therefore, hereby directs the CPIO to transfer the query of the RTI application u/s 6(3) of the RTI Act to the CPIO, Mumbai Port Trust within five days of receipt of this order. The CPIO, Mumbai Port Trust would provide requisite information to the appellant within fifteen days of receipt of this order.
(Sushma Singh) Information Commissioner Authenticated true copy:
(K.K. Sharma) OSD & Deputy Registrar 4 Case No. CIC/SS/A/2012/001812 Address of the parties:
Shri Suryakant Dattatrya Shinde, A/4/6, Balaji Krupa CHS, Sec-28, Nerul (W), Navi Mumbai-400706.
The CPIO, Ministry of Shipping, Ports Wing, Transport Bhawan, 1, Parliament Street, New Delhi-110001.
The First Appellate Authority, .Ministry of Shipping, Ports Wing, Transport Bhawan, 1, Parliament Street, New Delhi-110001.
The CPIO, Mumbai Port Trust, Port House, Shoorji Vallabhdas Marg, Ballard Estate, Mumbai-400001.