LAWS(CI)-2014-2-2

SHRI PRADIP SHANKAR CHOUGHULE Vs. MUMBAI PORT TRUST

Decided On February 21, 2014
Shri Pradip Shankar Choughule Appellant
V/S
MUMBAI PORT TRUST Respondents

JUDGEMENT

(1.) IN pursuance with the Commission's order No. CIC/SS/A/2012/003161 dated 29.05.2013 in the matter of Shri Pradip Shankar Choughule Vs. Mumbai Port Trust (MPT), Mumbai a show cause notice of even number dated 3.6.2013 u/s. 20(1) of the RTI Act, 2005 was issued by the Commission to Shri R.S. Chalke, Sr. Deputy Director (E and T) for his failure to provide correct and complete information and thus, caused a delay of more than 100 days in providing the information to the complainant. Shri R.S. Chalke, Sr. Dy. Director (E and T) attended the hearing.

(2.) SHRI R.S. Chalke, Sr. Dy. Director (E and T), MPT, his written submissions filed before the Commission, states as follows: • The complainant through RTI application dated 27.3.2012 sought information. The requisite information was provided to him vide letter dated 23.4.2012. Notwithstanding above, for additional information, he states that -A vacancy for the post of Asstt. Exe. Engineer (T/E) in the pay scale of Rs. 9100 -15100 which the complainant mentioned in his applications, arose on 14.5.2010, consequent upon promotion of Smt. A. Akilandeswari to the post of Executive Engineer. Whereas the new MbPTE (RSP) Regulations 2010 came into force on 7.5.2010. Therefore, the vacancy arisen on 14.5.2010 has to be filled as per the provision contained in the said Regulations. As such, the said Regulations supersede all the earlier Regulations. Circulars, Office Orders etc. as regards filling up the vacancies in Class 1 post. Consequently, the earlier method of 'seniority -cum -suitability' is not applicable. • As per the schedule to RSP Regulations 2010, regarding filling up the vacant post of Asstt. Exe. Engineer (T/E) by promotion, "Class III employees holding the post of Jr. Engineer Gr. I in the scale of pay of Rs. 6170 -11975 in the respective discipline of P & R Division with 5 years regular service in the grade and have passed the qualifying Departmental Examination prescribed by the Chairman shall be eligible". Departmental Examination prescribed by the Chairman shall be eligible. However, the complainant has completed the qualifying service in August 2010 only. • As a matter of practice, the proposals to prepare panels for appointment for officiating/regular basis in officer cadre are sent to the HR Department by all Departments in MPT once in a year. Accordingly, he had sent the proposals for preparing panels in the year 2012 and 2013 vide letter dated 18.1.2012 and 21.12.2012, both including name of Shri Choughule in the list of employees following in the zone of consideration for the post of Asstt. Executive Engineer (T/E). • Presently, there is only one vacancy to the post of AE (T/E) that can be filled by promotion and 6 -7 employees of both the Telecom and Electronics Sections in the pay scale of Rs. 6170 -11975, including Shri Choughule, are eligible to appear for the examination, once the scheme is finalized and circulated to T/E Division, promotion will be granted to the eligible employee subject to passing the said departmental examination. • Incidentally, besides the above post of AE (T/E), the schemes for departmental examination for many other Class I entry level posts to be filled by promotion from Class III employees against the prescribed promotional quota, are under final stage of consideration. • The information has been provided to Shri Choughule within specified time limit under the RTI Act. He had never sought the information viz. the reason for not conducting his DPC and delay in his promotion. 2.1 Shri Pradip Shanker Choughule (complainant) vide his letter dated 20.2.2014 (received through fax) requested the Commission that he would like to discontinue the instant matter, as he has received the information from Shri R.S. Chalke to his entire satisfaction.

(3.) HAVING considered the above submissions of Shri R.S. Chalke, the complainant has been provided requested information within stipulated period of time and in compliance with the directions of the Commission, a detailed reply has been provided to the complainant by Shri Chalke vide his letter dated 12.6.2013. Moreover, Shri Choughule (complainant) vide his letter dated 20.2.2014 informed the Commission that requisite information has been received by him to his entire satisfaction and he does not want to continue the instant case. In view of this, penalty proceedings u/s. 20(1) of the RTI Act, 2005, against Shri R.S. Chalke, Sr. Dy. Director (E and T), MPT are hereby dropped.