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2021 Supreme(Online)(CIC) 3954
CENTRAL INFORMATION COMMISSION
Shri S. Chakraborty, J
Ranjit Kumar Bose – Appellant
Versus
CPIO, Kolkata Port Trust, Finance Department, Kolkata – Respondent
Complaint No. CIC/KPTRS/C/2019/113528
For the Appellants/Petitioners: Ranjit Kumar Bose
For the Respondents: S. Chakraborty
CPIO must provide requested information unless jurisdictional issues arise; non-receipt does not equate to denial of information under RTI.
Headnote:(A) Right to Information Act, 2005 - Section 18 - Complaint for non-receipt of information regarding pay fixation upon promotion - Complainant alleged denial of options exercised under relevant Ministry directives - Court found that Respondent provided available information and satisfied obligations under the Act. (Paras 1, 4.6)
(B) Duty of CPIO - The CPIO must provide requested information unless not within their jurisdiction, after clarification during proceedings - The Respondent clarified jurisdictional issues and provided relevant records during the hearing. (Paras 3, 5)
O R D E R
Information sought:
The Complainant filed an RTI Application dated 04.01.2019 seeking information on the following six points:
1) “Kindly provide me with the information as to why my option duly exercised in terms of the Ministry pay revision order dated 26.7.2010 and FA&CAO circular no. Fin/369/P dated 27.10.2010 page no. 3 provision 2(B)(IV)(c) upon promotion from the post of Asst. Superintendent to the higher post of Superintendent has not been considered during fixation of my pay on promotion.
2) Kindly provide me with a copy of the specific Ministry circular or directive based on which my option duly exercised and accepted upon promotion from the post of Asst. Supdt. to Superintendent was not considered during fixation of my pay on promotion.
3) Kindly provide me with a copy of letter issued by FA&CAO to the Ministry seeking further clarification from Ministry as mentioned in the letter no. Fin/587P dated 27.08.2012. Also provide me with a copy of the clarification/letter received from Ministry, if any, received in this regard (as regards the query made as mentioned in the letter no. Fin/587P dated 27.8.2012). If no clarification has since been received from Ministry the same may kindly be specified.
4) Please provide me with a copy of the notesheet and order of the competent authority based on which my duly exercised option upon promotion to the higher post of Superintendent has not been considered during fixation of my basic pay upon promotion.
5) Kindly provide me with the copy of documents, notesheets and orders based on which my R/S and pay fixation upon promotion was done after a delay of 9 months from the date of my promotion Also provide me with the copy of notesheets and orders due to which my R/S certification was delayed and fixed on the basis of circular no. Fin/587P dated 27.08.12 when the same was not in existence during my promotion in December 2011.
6) Since the clarification in OM No. 169/2/2000-IC of DoE dated 24.11.2000 and elaborately dealt upon in OM No. 10/02/2011-E.III/A of DoE dated 07.01.2013 clearly validates my entitlement to exercise my option for fixation of pay under FR 22 (1)(a)(1) kindly provide me with the copy of the specific directives given by Ministry in terms of which my right to exercise my option upon promotion to post of Superintendent is being denied to me. It may kindly be noted that upon my promotion to the post of Superintendent I was reported to by the Asst. Supdts.
below me and also had to write their ACR's too.”
Having not received any information from the Respondent, the Complainant approached the Commission vide this instant Complaint.
Grounds for Complaint:
The Complainant filed a complaint u/s 18 of the RTI Act on the ground of non- receipt of information from the Respondent. Complainant requested the Commission to direct the CPIO to provide the information sought for.
Submissions made by Complainant and Respondent during Hearing:
The Complainant stated that he has not received any information from the Respondent till date.The Respondent reiterated the contents of the written submission dated 26.03.2021. A written submission has been received by the Commission from Shri S. Chakraborty, CPIO-GAD(Main) and Sr. Asstt. Secretary vide letter dated 26.03.2021, wherein he has stated as under:
“3. Prior to dealing with the RTI concerned, the undersigned would like to submit the following before the Hon’ble Information Commissioner –
A) The Kolkata Port Trust (now Syama Prasad Mookerjee Port, Kolkata) has multiple department and divisions with distinct and separate CPIOs entrusted with RTI related responsibilities restricted within their specific departmental/divisional domain.
B) For coordination, there is a Nodal RTI Officer (Deputy Secretary-II), who distributes RTI Applications initially received at the Port to the concerned CPIO(s).
C) Through an Administrative Order No. 5 of Chairman, Kolkata Port Trust (now Syama Prasad Mookerjee Port, Kolkata) vide No. Ch/N-81 dtd 14.11.2017, par
