Monday, November 7, 2011

Disclosing of ACR and other relevant information

A Good Decision by CIC (CENTRAL INFORMATION COMMISSION) to make available copy of ACRs, Dispatche details/ Receiving Details etc.


See decision link : http://rti.india.gov.in/cic_decisions/CIC_SS_A_2011_000494_M_67501.pdf



Appeal No.CIC/SS/A/2011/000494/SS


CENTRAL INFORMATION COMMISSION

D- Wing, 2nd Floor,

August Kranti Bhavan, Bhikaji Cama Place,

New Delhi - 110066

Appeal No.CIC/SS/A/2011/000494

PARTIES TO THE CASE:

(Through Video Conferencing)

Appellant : Smt. Neera Malhotra

Respondent : Assistant Director General of Shipping, Government of

India, Ministry of Shipping, Directorate General of

Shipping, Mumbai

Date of Decision : 27.09.2011

BACKGROUND OF THE CASE:

1. The present hearing was scheduled before the Commission on 07/07/2011 at

1145 hours and was heard via Video Conferencing. The Appellant, Smt.

Neera Malhotra was present in person at the NIC Centre, Pune and the

Respondent represented by Shri Deepak Shetty, Joint Director & FAA,

Directorate General of Shipping, Mumbai and Shri S.G. Bhandare, the

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Assistant DG of Shipping & CPIO, Directorate General of Shipping,

Mumbai were present at the NIC Centre, Mumbai.

2. The brief facts of the case are as follows. The Appellant vide her RTI

Application dated 29/02/2010 had sought information in respect of her

Annual Confidential Report (ACR) for the period April 2005 to December

2005. We shall address each Question of the RTI Application at length later

in this decision notice but for the time being, it is sufficient to state that Shri

S.G. Bhandare, the Assistant DG of Shipping & CPIO, Directorate General

of Shipping, Mumbai disposed off the Appellant’s RTI Application vide his

Order dated 23/03/2010. Vide the same Order of the CPIO, only a copy of

communication DO.No.DG/5/06 dated 5/9.04.2006 addressed to Shri H.

Tulsyan, Chief Commissioner of Income Tax, Mumbai forwarding the

Appellant’s ACR was provided to the Appellant. Information on other points

was not provided.

3. On 02/04/2010, aggrieved by the CPIO’s reply, the Appellant preferred first

appeal to Dr. S.B. Agnihotri, the Joint Director General of Shipping & FAA,

Directorate General of Shipping, Mumbai. The FAA vide its Order dated

07/01/2011inter alia observed that the CPIO had sent some additional

information with regard to the Appellant’s RTI Application to her on

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16/04/2010. Thereafter, with further observations as will be discussed later,

the FAA disposed off the first appeal of the Appellant

4. The Appellant has now come before the Commission in second appeal dated

09/03/2011.

DECISION NOTICE:

5. We have carefully perused through the material placed on record before us

by both the parties and have considered the respective submissions made by

them before us. The Appellant, Smt. Neera Malhotra has vehemently argued

her case with full force and has presented her written submissions in a most

lucid manner. Mr. Shetty, representing the Respondent, has also furnished

written comments for assisting this Commission in this second appeal.

6. We shall now proceed to analyze each Question of the RTI Application of

the Appellant as well as the replies tendered by the CPIO and FAA of the

Respondent, respectively and thereafter, pronounce our decision

accordingly.

· Question Nos. 1 and 2 of Part I of the RTI

Application:

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“1.) Please provide a copy of the directions issued by Deputy

DG of Shipping (Personnel Branch / Vigilance) on behalf of

Shri G.S. Sahni, the then DG of Shipping, to submit the ACR for

the period April 2005 to December 2005.

2.) On which date was my ACR for the period April 2005 to

December 2005 received by the office of Shri G.S. Sahni, the

then DG of Shipping? Please provide me a photocopy of the

extract for the inward register in the O/o. DG of Shipping in

proof of the same.”

The Appellant has agreed in her second appeal preferred to the Commission

that the information in relation to the above two Questions has already been

furnished to her by the CPIO vide letter dated 16/04/2010, i.e. after the first

appeal was already preferred by the Appellant. Thus, the only grievance of

the Appellant is the inordinate delay of 1 month and 18 days caused in

providing information to the Appellant.

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7. In the Commission’s opinion, a bare perusal of the reply tendered by the

CPIO, Directorate General of Shipping, Mumbai vide his Order dated

23/03/2010 shows that it does not pertain to the specific information being

sought under the abovementioned 2 (two) Queries. There is merit in the

Appellant’s contention to the extent that neither did the CPIO deny the

information sought by the Appellant by seeking exemption under relevant

provision of the RTI Act nor did he make serious efforts to provide the

information to the Appellant. In fact, what could be furnished to the

Appellant within 30 days of having filed her RTI Application was provided

to her 17 days after the expiry of the said 30 days period as mandated under

Section 7 of the RTI Act. Merely tendering a reply, irrespective of its

relevance to the RTI Application, is not what the RTI Act mandates a CPIO

of a Public Authority.

8. Thus, the CPIO is hereby cautioned from furnishing such kind of vague

replies (as in the present case) with respect to the RTI Applications in the

future and to ensure that it acts in conformity with the letter of the RTI Act.

9. The overall tenor of the following Questions covered in Part I and II of the

RTI Application, respectively (as stated below) is similar in nature and has

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Appeal No.CIC/SS/A/2011/000494/SS

been dealt together by the FAA also. The Commission shall therefore deal

with and adjudicate upon all these Questions through a common decision.

· Question Nos.3, 4 and 5 of Part I of the RTI

Application

“3.) On which date did the office of Shri D.G. Sahni, the then

DG of Shipping reported on my ACR? The date of reporting by

Shri G.S. Sahni may kindly be provided. A copy of the Order

sheet of the relevant file in which my ACR was submitted to Mr.

Sahni for reporting may kindly be provided.

4.) On which date was my ACR for the period April 2005 to

December 2005 dispatched for review to Shri D.T. Joseph, the

then Secretary (Shipping), Ministry of Shipping, New Delhi by

the office of Mr. G.S. Sahni, the then DG of Shipping? A copy

of the covering letter along with the date of dispatch and date

of postal authority receiving the letter may kindly be provided.

Also, the extract of the dispatch register in support of dispatch

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Appeal No.CIC/SS/A/2011/000494/SS

of the letter and speed post acknowledgment of dispatch may

kindly be provided.

5.) A copy of the order sheet of the relevant file in which the

letter addressed to Secretary (Shipping), New Delhi enclosing

my ACR was noted may kindly be provided.”

AND

· Question Nos.2, 3, 4, 5 and 6 of Part II of the RTI

Application

“2.) Please provide complete details of all officers who

submitted the ACRs for the period April 2005 to December

2005 along with names and designation and dates on which the

officers wrote their ACRs to Shri G.S. Sahni, the then DG of

Shipping, as the reporting officer?

3.) On which date did the office of Shri G.S. Sahni, the then DG

of Shipping, receive the ACRs from all officers for the period

April 2005 to December 2005? Please provide complete details

of all officers individually along with names and designation

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Appeal No.CIC/SS/A/2011/000494/SS

and the date on which their ACRs were received by the office of

Shri G.S. Sahni, the then DG of Shipping.

4.) On which date did Mr. G.S. Sahni, the then DG of Shipping,

reported on the ACRs of all officers for the period April 2005 to

December 2005? The date of reporting by Shri G.S. Sahni may

kindly be provided individually in respect of all the officers

along with names and designation.

5.) On which date were the ACRs of all the officers in the

Directorate General of Shipping for the period April 2005 to

December 2005 dispatched to the Secretary (Shipping),

Ministry of Shipping, New Delhi by the office of Mr. Sahni, the

then DG of Shipping for review by Shri D.T. Joseph, the then

Secretary (Shipping), Ministry of Shipping, New Delhi? A copy

of the covering letter(s) vide which these ACRs were sent may

kindly be provided.

6.) The date of dispatch and the date of postal authority

receiving the letter(s) vide which the ACRs of all the officers of

the Directorate may kindly be provided in respect of all officers

individually along with the name and designation. Also, the

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Appeal No.CIC/SS/A/2011/000494/SS

Also, the extract of the dispatch register and speed post

acknowledgment of dispatch in respect of all officers along

with the names and designation may kindly be provided.”

The FAA, vide his Order dated 07/01/2011 had provided the details in a

tabular form of 9 (nine) officers of the Directorate General of Shipping,

including the Appellant Smt. Neera Malhotra, who had written their ACRs

for the period of April 2005 to December 2005 the date of reporting by Shri

G.S. Sahni, the then DG of Shipping as the Reporting Officer. The table of

information contained 5 (five) columns headed as Name, Designation, Date

of ACR written, Date of Reporting by DG and Date of dispatch to Secretary

(MOS), respectively.

10.It is interesting to note that with regards to Smt. Neera Malhotra, the

Appellant herein, the details of Date of ACR written, Date of Reporting by

DG and Date of dispatch to Secretary (MOS), respectively were left Blank

and had the following disclaimer:

“Copies of ACRs are not available with Vigilance branch as

observed from the copies of letters addressed to their respective

parent department along with ACR vide DG’s letter

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Appeal No.CIC/SS/A/2011/000494/SS

No.DG/5/06 dated 5/19.4.2006 in respect of (1) Ms. Neera

Malhotra, former Deputy Director General of Shipping to her

parent Department, Chief Commissioner of Income Tax,

Mumbai, (2) Shri P.H. Krishnan […] and (3) ACR of Shri

Naresh Salecha […]. Hence the dates could not be provided

(copies enclosed)”

11. The FAA further held under Point No.5 of his Order dated 07/01/2011 that

the ACR of the Appellant for April 2005 to December 2005 was not

received in the vigilance branch and the original was sent to her parent

department directly by the DG’s Secretariat under the signature of the DG of

Shipping.

12. It is apposite at this juncture to refer to letter No.F-20014/1/10-MA dated

14/05/2010 sent by Smt. Jacinta Jose, Dy. Secretary to the Govt. of India &

CPIO, Ministry of Shipping, New Delhi to the Appellant herein in respect of

one of her RTI Applications. The Dy. Secretary to the Govt. of India &

CPIO, Ministry of Shipping, New Delhi stated that as per the available

records, the Appellant’s ACR for the period April 2005 to December 2005

had not been received from DG Shipping. The letter further stated that only

the ACR of Shri G.S. Sahni, the then DG of Shipping for the period

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Appeal No.CIC/SS/A/2011/000494/SS

01/04/2005 to 31/12/2005 was submitted by him to then Secretary

(Shipping), Shri D.T. Joseph being Reporting Officer and the same was

forwarded to the Establishment officer, DoPT.

13. The above letter placed on record before the Commission clearly shows the

anomaly between the FAA’s Order and the situation in real. However, the

Commission is concerned with the RTI Application only and need not depart

from the boundaries established by the RTI Act. Mr. Shetty, Joint Director

& FAA, Directorate General of Shipping, Mumbai, representing the

Respondent before the Commission during the hearing of this second appeal,

has conceded that the incoherence as highlighted above is justified in the

facts and circumstances of the present case. Mr. Shetty has therefore agreed

before the Commission to furnish information afresh to the Appellant along

with reasons thereof with respect to the Questions of the RTI Application as

dealt with above.

14. The Commission therefore directs the FAA of the Respondent to pass a

Fresh Order, within 15 days of receiving this Order, with respect to the

Appellant’s RTI Application dated 29/02/2010 and thereby, furnish to the

Appellant a complete and accurate list of all the officers of the Directorate,

including the Appellant Smt. Neera Malhotra herself, in a similar tabular

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Appeal No.CIC/SS/A/2011/000494/SS

format as earlier indicating their Name, Designation, Date of ACR written,

Date of Reporting by DG and Date of dispatch to Secretary (MOS),

respectively, who has submitted their ACRs to the then DG of Shipping for

the period April 2005 to December 2005. A copy of the Order sheets,

acknowledgment receipts, and relevant portions of the dispatch registers etc.

as sought by the Appellant vide Question Nos.3, 4 and 5 (Part I of RTI

Application) and Question Nos.2, 3, 4, 5 and 6 (Part II of the RTI

Application) shall also be provided to the Appellant within 15 days of

receiving this Order.

15. The FAA is further directed to provide reasons while passing its fresh Order

in disposing off the Appellant’s RTI Application dated 29/02/2010 with

respect to Question Nos.3, 4 and 5 (Part I of RTI Application) and Question

Nos.2, 3, 4, 5 and 6 (Part II of the RTI Application).

16.We finally proceed to deal with Question No.1 of Part II of the Appellant’s

RTI Application.

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Appeal No.CIC/SS/A/2011/000494/SS

· Question No.1 of Part II of the RTI Application

“1.) Did Shri G.S. Sahni, the then DG of Shipping call for

ACRs from all the officers who worked in the Directorate

General of Shipping during the period April 2005 to December

2005 in his capacity as the Reporting Officer? A copy of

directions issued to all officers may kindly be provided.”

In the Commission’s opinion, the above query has not been answered till

date by the Respondent. The letter dated 16/04/2010 issued by the CPIO of

the Respondent to the Appellant contained a Circular of the Directorate

General of Shipping (No.VIG-1(1)/2006) dated 09/12/2005 which was

issued to all the officers of the Directorate, all the allied officers of the

Directorate and to the Sr. PS to DG. The Circular stated that Shri D.T.

Joseph, the then Secretary (Shipping) was retiring on 31/12/2005 and as

such he desired that the ACRs be reported / reviewed by him and be

submitted to him by 20/12/2005. The circular was signed by Shri P.H.

Krishnan, the Dy. Director General Shipping, DG of Shipping, Mumbai.

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17. It still cannot be inferred from the contents of the above circular as to

whether Shri G.S. Sahni, the then DG of Shipping call for ACRs from all the

officers of the Directorate in his capacity as the Reporting Officer.

18. The Commission therefore directs the FAA to provide the Appellant herein,

with a specific and succinct reply with respect to the Question dealt with

above within 15 days of receiving this Order.

19. The Appeal is accordingly disposed off.

(Sushma Singh)

Information Commissioner

27.09.2011

Authenticated True Copies

(K.K. Sharma)

OSD & Deputy Registrar

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Appeal No.CIC/SS/A/2011/000494/SS

Name & Address of Parties

Ms./Mrs. Neera Malhotra,

Flat No. 10, Tirath Kunj,

Income Tax Colony 16, Queens Garden,

Pune – 411 001

The PIO/CPIO,

Minsitry of Shipping,

Directorate General of Shipping,

Jahaz Bhavan, W.H. Marg,

Mumbai – 400 001

The Appellate Authority,

Minsitry of Shipping,

Directorate General of Shipping,

Jahaz Bhavan, W.H. Marg,

Mumbai – 400 001

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