Certified copies of file notings etc. from the competent authority & final decision between M/o Civil Aviation, PMO, MEA, Cabinet Secretariat regarding approval for Jet Airway-Etihad, Transact Business - CIC: Provide the information applying severability
The appellant sought certified copies of file notings /decisions /approvals /opinions, etc. to and from the competent authority and final decision between M/o Civil Aviation, PMO, M/o External Affairs, Cabinet Secretariat regarding approval for Jet Airway-Etihad, Transact Business.
Relevant facts emerging during hearing:
Both parties are present. The appellant filed an RTI application on 03.07.2013, seeking the above information. CPIO/US, M/o Civil Aviation in his reply stated that no information is available in DT Section on consultation taken place between the M/o Civil Aviation, PMO, MoEA and Cabinet Secretariat regarding approval for Jet Airway-Etihad, Transact Business. The FAA did not dispose of the appeal. The appellant stated that he had sought this information in public interest but the respondent authority has denied the information altogether stating that no information is available. He stated that it is a question of great concern as to how come the transact business is running if there is no record available. The respondent stated that agreement regarding Jet Airway- Etihad was under the FDI proposal and that no letters were issued from the M/o Civil Aviation as per their record to PMO or MoEA or Cab. Secy. The appellant stated that M/o Civil Aviation should clearly state about their role in the said deal. The respondent stated that as per the RTI application of the appellant, the query was very clear & specific regarding correspondence between the M/o Civil Aviation, M/o External Affairs, PMO & Cab. Secy. and that the appellant was intimated that there is no such correspondence. The respondent clarified that the M/o Civil Aviation does have a role in the said transact business but as per the specific query of the appellant, there is no correspondence between the ministries in this regard. The respondent further stated that it was an honest interpretation of the RTI application that information sought is regarding correspondence between the M/o Civil Aviation, M/o External Affairs, Cabinet Sect. & PMO and that they are ready to provide the information as available on their record regarding the FDI proposal. The appellant stated that the same would suffice his purpose.
After hearing the parties and on perusal of record, the Commission directs CPIO/US, M/o Civil Aviation to fix a mutually convenient date & time with the appellant for inspection of relevant record related to Jet Airways-Etihad transact business, within three weeks of receipt of this order, under intimation to the Commission. Copies/extracts be provided to the appellant on payment of requisite fee. The CPIO is free to invoke section 10(1) Where a request for access to information is rejected on the ground that it is in relation to information which is exempt from disclosure, then, notwithstanding anything contained in this Act, access may be provided to that part of the record which does not contain any information which is exempt from disclosure under this Act and which can reasonably be severed from any part that contains exempt information. of the Act, for providing the information. The appeal is disposed of accordingly.
Citation: Shri Aseem Takyar v. M/o Civil Aviation in F.No.CIC/YA/A/2014/000201