Jump to content
  • 0
sidereal29

Berthing of unmanned cargo ship at Mormugao Port Authority / customs notified area / RTI application dated 4th Nov 2019.

Question

sidereal29

I have requested the below information concerned to the larger public of interest and authorities have denied the information applying unwanted section , please help me with the correct draft for first appeal for below details of this.

 

1. List of documents are required by shore authorities upon arrival for clearance of the vessel/ customs authority.

Ans: list is provided.

 

2. The list of documents are submitted as per the requirement by shore authorities upon arrival for for clearance of the vessel to customs authority.

Ans : same as above ( documents not provided as per requisition in RTI application )

 

3. Please provide the copy of orders /notification/ circulars that states the obligation of parking / berthing of subject unmanned cargo ship towed at Mormugao Port.

Ans: forwarded the concerned CPIO for providing information (copy forwarded on 29/11/2019 respects to my RTI application 4/11/2019 to mpt )

 

 4. Purpose of ship call, trade /repair/ and facility availed in port for such unmanned cargo ship.

Ans: forwarded the concerned CPIO for providing information (copy forwarded on 29/11/2019 respects to my RTI application 4/11/2019 to mpt)

 

5. please provide the certified copies for no of parties had applied for unloading of the cargo from unmanned tank vessel together with their supportive documents being authorized or has consent to receive such cargo.

Ans: one party applied for discharge of cargo. Supporting documents cannot provided as the matter is exempted from disclosure under section 8(1)(j) of RTI act 2005 being third party information.

 

6. Please provide the copy which states the quality, quantity / classification of the product from this ship stating the reason permission obtained / rejected if there is any.

Ans: exempted from disclosure under section 8(1)(j) of RTI act 2005 being third party information.

Share this post


Link to post
Share on other sites

7 answers to this question

Recommended Posts

  • 0
Sunil Ahya

File a point wise first appeal as follows:

Grounds of First Appeal:

Please find the point wise grounds of first appeal as follows:

1. With respect to the information requested under point no. 1 and 2 of the RTI application, the PIO has provided merely a list of documents and not a photocopy of the documents requested for.

2. With respect to the information requested under point no. 3 and 4 of the RTI application, the PIO has not specified as to under which particular provision of the RTI Act, he has forwarded these queries to another CPIO, that is to say the PIO has not specified whether he has forwarded the said queries under section 5(4) read with section 5(5) OR whether he has forwarded the said queries under section 6(3) of the RTI Act.

3. With respect to the information requested under point no. 5 and 6 of the RTI Act, the PIO has merely invoked section 8(1)(j) of the RTI Act without sufficiently justifying as to how these exemptions are applicable.

That, denying information by just quoting sub-sections of section 8.1 of RTI Act, without giving meaningful justification for arriving at that reason for denial is against letter and spirit of RTI Act.

Please find the decisions of the Central Information Commission as well as Hon'ble High Courts wherein it has ruled as follows:

Decisions of CIC [Central Information Commission]:

A] “Through this Order the Commission now wants to send the message loud and clear that quoting provisions of Section 8 of the RTI Act ad libitum to deny the information requested for, by CPIOs/Appellate Authorities without giving any justification or grounds as to how these provisions are applicable is simply unacceptable and clearly amounts to malafide denial of legitimate information attracting penalties under section 20(1) of the Act.”CIC/OK/A/2006/00163 dated 7 July, 2006.

B] “The PIO has to give the reasons for rejection of the request for information as required under Section 7(8)(i). Merely quoting the bare clause of the Act does not imply that the reasons have been given. The PIO should have intimated as to how he had come to the conclusion that rule 8(1)(j) was applicable in this case.”CIC/OK/C/2006/00010 dated 7 July, 2006.

Refer: CIC/SG/A/2011/003607/17371 dated 10-03-2012

C] “Access to information, under Section 3 of the Act, is the rule and exemptions the exception. The information can be denied only if it is exempt as per the provisions of Section 8 or Section 9 of the RTI Act. Further, while denying information the authority withholding the information must show satisfactory reason and such reason should be germane and based on some material. Sans this consideration the information cannot be denied………” CIC/BS/A/2013/000681/4968 dated 24-04- 2014.

Court Judgements:

D] “6. This Court is inclined to concur with the view expressed by the CIC that in W.P. (Civil) 12428/2009 order to deny the information under the RTI Act the authority concerned would have to show a justification with reference to one of the specific clauses under Section 8 (1) of the RTI Act. In the instant case ………….” Hon’ble HIGH COURT OF DELHI in W. P.  (C) 12428/2009 & CM APPL 12874/2009 DEPUTY COMMISSIONER OF POLICE versus D.K.SHARMA –Judgement dated 15-12-2010

E] “If no reasons are given in the appellate orders, then it is injustice to the natural justice because quasi judicial obligations are giving reasons for order, since justice is not expected to wear the inscrutable face of a sphinx” Hon’ble High Court of Kerala in Ibrahim Kunju v. State of Kerala AIR 1970 Ker 65.

F] Judgement of HON’BLE HIGH COURT OF DELHI in WP(C) No. 3114/2007 decided on  03.12.2007 :

“12………As is reflected in its preambular paragraphs, the enactment seeks to promote transparency, arrest corruption and to hold the Government and its instrumentalities accountable to the governed. This spirit of the Act must be borne in mind while construing the provisions contained therein.

13. Access to information, under Section 3 of the Act, is the rule and exemptions under Section 8, the exception. Section 8 being a restriction on this fundamental right, must therefore is to be strictly construed. It should not be interpreted in manner as to shadow the very right itself. Under Section 8, exemption from releasing information is granted if it would impede the process of investigation or the prosecution of the offenders. It is apparent that the mere existence of an investigation process cannot be a ground for refusal of the information; the authority withholding information must show satisfactory reasons as to why the release of such information would hamper the investigation process. Such reasons should be germane, and the opinion of the process being hampered should be reasonable and based on some material. Sans this consideration, Section 8(1)(h) and other such provisions would become the haven for dodging demands for information”

P.S. Reasons for denial of information - Blog of Shri J. P. Shah.

http://jps50.blogspot.com/2014/06/justification-for-reasons-for-denial.html

  • Thanks 1

Share this post


Link to post
Share on other sites
  • 0
sidereal29
On 12/7/2019 at 7:08 AM, Sunil Ahya said:

File a point wise first appeal as follows:

Grounds of First Appeal:

Please find the point wise grounds of first appeal as follows:

1. With respect to the information requested under point no. 1 and 2 of the RTI application, the PIO has provided merely a list of documents and not a photocopy of the documents requested for.

2. With respect to the information requested under point no. 3 and 4 of the RTI application, the PIO has not specified as to under which particular provision of the RTI Act, he has forwarded these queries to another CPIO, that is to say the PIO has not specified whether he has forwarded the said queries under section 5(4) read with section 5(5) OR whether he has forwarded the said queries under section 6(3) of the RTI Act.

3. With respect to the information requested under point no. 5 and 6 of the RTI Act, the PIO has merely invoked section 8(1)(j) of the RTI Act without sufficiently justifying as to how these exemptions are applicable.

That, denying information by just quoting sub-sections of section 8.1 of RTI Act, without giving meaningful justification for arriving at that reason for denial is against letter and spirit of RTI Act.

Please find the decisions of the Central Information Commission as well as Hon'ble High Courts wherein it has ruled as follows:

Decisions of CIC [Central Information Commission]:

A] “Through this Order the Commission now wants to send the message loud and clear that quoting provisions of Section 8 of the RTI Act ad libitum to deny the information requested for, by CPIOs/Appellate Authorities without giving any justification or grounds as to how these provisions are applicable is simply unacceptable and clearly amounts to malafide denial of legitimate information attracting penalties under section 20(1) of the Act.”CIC/OK/A/2006/00163 dated 7 July, 2006.

B] “The PIO has to give the reasons for rejection of the request for information as required under Section 7(8)(i). Merely quoting the bare clause of the Act does not imply that the reasons have been given. The PIO should have intimated as to how he had come to the conclusion that rule 8(1)(j) was applicable in this case.”CIC/OK/C/2006/00010 dated 7 July, 2006.

Refer: CIC/SG/A/2011/003607/17371 dated 10-03-2012

C] “Access to information, under Section 3 of the Act, is the rule and exemptions the exception. The information can be denied only if it is exempt as per the provisions of Section 8 or Section 9 of the RTI Act. Further, while denying information the authority withholding the information must show satisfactory reason and such reason should be germane and based on some material. Sans this consideration the information cannot be denied………” CIC/BS/A/2013/000681/4968 dated 24-04- 2014.

Court Judgements:

D] “6. This Court is inclined to concur with the view expressed by the CIC that in W.P. (Civil) 12428/2009 order to deny the information under the RTI Act the authority concerned would have to show a justification with reference to one of the specific clauses under Section 8 (1) of the RTI Act. In the instant case ………….” Hon’ble HIGH COURT OF DELHI in W. P.  (C) 12428/2009 & CM APPL 12874/2009 DEPUTY COMMISSIONER OF POLICE versus D.K.SHARMA –Judgement dated 15-12-2010

E] “If no reasons are given in the appellate orders, then it is injustice to the natural justice because quasi judicial obligations are giving reasons for order, since justice is not expected to wear the inscrutable face of a sphinx” Hon’ble High Court of Kerala in Ibrahim Kunju v. State of Kerala AIR 1970 Ker 65.

F] Judgement of HON’BLE HIGH COURT OF DELHI in WP(C) No. 3114/2007 decided on  03.12.2007 :

“12………As is reflected in its preambular paragraphs, the enactment seeks to promote transparency, arrest corruption and to hold the Government and its instrumentalities accountable to the governed. This spirit of the Act must be borne in mind while construing the provisions contained therein.

13. Access to information, under Section 3 of the Act, is the rule and exemptions under Section 8, the exception. Section 8 being a restriction on this fundamental right, must therefore is to be strictly construed. It should not be interpreted in manner as to shadow the very right itself. Under Section 8, exemption from releasing information is granted if it would impede the process of investigation or the prosecution of the offenders. It is apparent that the mere existence of an investigation process cannot be a ground for refusal of the information; the authority withholding information must show satisfactory reasons as to why the release of such information would hamper the investigation process. Such reasons should be germane, and the opinion of the process being hampered should be reasonable and based on some material. Sans this consideration, Section 8(1)(h) and other such provisions would become the haven for dodging demands for information”

P.S. Reasons for denial of information - Blog of Shri J. P. Shah.

http://jps50.blogspot.com/2014/06/justification-for-reasons-for-denial.html

Thank You , RTI and the advice from forum helped me to rcieve all the information I seeked here, FAA of Customs has passed the order to supply me all the information I have rquested 

Share this post


Link to post
Share on other sites
  • 0
sidereal29
On 12/20/2019 at 3:00 PM, sidereal29 said:

Thank You , RTI and the advice from forum helped me to rcieve all the information I seeked here, FAA of Customs has passed the order to supply me all the information I have rquested 

Sir,

FAA has passed the order on dated 23/12/2019 is that give proper reason in his findings for any denial of information.

but PIO has not replied helped me with the information required till this date,

please assist me here.

Thank You!

 

Share this post


Link to post
Share on other sites
  • 0
Sunil Ahya

Have you received the information or not?

  • Like 1

Share this post


Link to post
Share on other sites
  • 0
sidereal29
16 hours ago, Sunil Ahya said:

Have you received the information or not?

No I have not received the information even after the ordeer has been passed by the FAA of Customs to PIO to provide the all information seeked by me

Share this post


Link to post
Share on other sites
  • 0
Prasad GLN

Please inform FAA  through Regd post about wilful insubordination of higher authorities order , and gross negligence in performing duties of CPIO as he has not obeyed FAA orders.  Marks this to CPIO.

  • Like 1

Share this post


Link to post
Share on other sites
  • 0
Sunil Ahya

Also, you may file a second appeal u/s. 19(3) with the Central Information Commission.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Answer this question...

×   Pasted as rich text.   Restore formatting

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.


Announcements

×
×
  • Create New...

Important Information

By using this site, you agree to our Terms of Use & Privacy Policy