Appellant: a pilot of Air India had submitted a fake class XII certificate; sought to know whether any verification of the certificate was done - Information pertaining to investigation was denied u/s 8(1)(h) - CIC: provide the information sought
15 Feb, 2014ORDER
RTI application:
1. The appellant filed an RTI application on 18.01.2013 seeking information pertaining to investigation of a certain complaint.
2. The CPIO responded on 04.04.2013 and denied information to the appellant under section 8(1)(h) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; of the RTI Act. The appellant filed a first appeal on 15.05.2013 with the first appellate authority. The FAA responded on 13.06.2013 and upheld the decision of CPIO. The appellant filed a second appeal on 29.08.2013 with the Commission.
Hearing:
3. The appellant represented by a legal counsel participated in the hearing.
4. The appellant's representative stated that the RTI application of 18.01.2013 was triggered by the knowledge that a pilot of Air India had submitted a fake class XII certificate and that information has been sought by the appellant whether any verification of the certificate was done. The appellant's representative stated that the respondent, in his response to the appellant on 04.04.2013, has denied information to the appellant by citing section 8(1)(h) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; of the RTI Act.
5. The appellant's representative stated, while referring to the points made in the RTI application, that his focus is on the following:
(i) did Air India conduct any verification of the certificate of class XII referred to in the RTI application that was submitted by the pilot in question, i.e., whether any investigation was done after the email was sent by the appellant to the CVO; and
(ii) what investigation has been done till now; details of the same.
6. The appellant's representative stated that the casual and evasive approach of the respondent to this matter is evident from the cryptic nature of the CPIO's and FAA's response in which no reason has been given as to why they are citing section 8(1)(h) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; of the RTI Act.
7. The appellant's representative stated that it appears that the respondent seeks to avoid the giving of information. It was stated that the authority withholding information under section 8(1)(h) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; of the RTI Act must show satisfactory reasons as to why the release of such information would hamper the investigation process, and that mere existence of an investigation process cannot be a ground for refusal of the information.
8. The respondent did not participate in the hearing.
9. There is no reason to deny the information sought in para 5 above.
Decision:
10. The respondent is directed to provide to the appellant, within 30 days of this order, the information sought in para 5 above taking into account the points made in the RTI application. The appeal is disposed of. Copy of decision be given free of cost to the parties.
(Vijai Sharma)
Information Commissioner
Citation: Dr. Monisha P. Kanagali v. Air India in Appeal No.CIC/SS/C/2013/000387/VS