Central Information Commission
B B Gawade vs Ministry Of Shipping on 1 March, 2017
Central Information Commission
Room No.307, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
website-cic.gov.in
Complaint No. CIC/YA/C/2015/000213/MP
Complainant : Ms Sarojini Devi, Mumbai
Public Authority : Jawaharlal Nehru Port Trust, Mumbai
Date of Hearing : February 22 2017
Date of Decision : February 22, 2017
Present:
Complainant : Not present.
Respondent : Not present.
RTI application : 08.12.2014
CPIO's reply : 08.01.2015
First appeal : NA
FAA's order : NA
Complaint : 02.03.2015
ORDER
1. Ms Sarojini Devi, the complainant, sought information with reference to withholding of payment to international contractor who completed the work of dredging, widening and deepening of navigation channels of JNPT port at Mumbai Fort about the dates on which CVO, JNPT signed two separate investigation reports in early April and early September, 2014 closing two separate cases in the above matter and the date of submission of two reports to the Chairman and members of the Board of JNPT, etc. through eight points.
2. The CPIO informed the complainant that the information sought on points 1 to 5 could not be provided as the matter was under examination by the Ministry of Shipping and with respect to para 6 and 7, info0remd that the balance payment could be released only after the approval of the Ministry and that JNPT had made payment of 93.6% of the contract value plus fuel escalation as per the tender conditions. The complainant did not make any appeal to the first appellate authority but wrote to the Maharashtra State Information Commission who transferred the matter to CIC.
3. The matter was heard by the Commission. None of the parties was present. The notices of hearing sent through speed post are, however, shown as having been delivered on India Post Tracking site.
4. On going through the available record, the Commission notices that even though the matter had been registered as complaint on the basis of the letter from Maharashtra State Information Commission transferring the matter to the CIC, yet letter sent by Ms Sarojini Devi does not indicate this to be a complaint as she has clearly requested for information and hence the matter is being treated as an appeal. The Commission further notices that the CPIO has provided the available and disclosable information to Ms Sarojini Devi referred to as the appellant hereinafter. The Commission finds that in both the RTI application and the appeal sent to the Maharashtra State Information Commission, while signing the RTI application Ms Sarojini Devi has sought the information not for herself but for Citizens' Association for Rights. However, as per section 3 of the RTI Act, 200t5 "Subject to the provisions of this Act, all citizens shall have the right to information" and the association is not a citizen. The appellant should have, therefore, sought information for herself rather than in the name of the association. The CPIO has, however, already provided the disclosable information to the appellant, the Commission, therefore, advises the CPIO to keep the provision of Section 3 of the Act in view while providing information to the appellant. The complaint is closed.
(Manjula Prasher) Information Commissioner Authenticated true copy:
Dy Registrar Copy to :
The Central Public Information Officer Jawaharlal Nehru Port Trust Admn Bldg, Sheva, Taluka: Uran Navi Mumbai-400707 Ms Sarojini Devi Secretary General Citizens Association for Rights 6-C, Prem Kutir, 6th Floor 177, Marine Drive, Near LIC Mumbai-400020