Information from Airports Economic Regulatory Authority (AERA) in respect of information relating to Jet Airways and Emirates Airlines was sought - CIC: Provide the information, Show Cause Notice to PIO - CIC: Formulate a training capsule for employees
11 Jul, 2016Date of Decision : 13/05/2016
O R D E R
FACTS:
The appellant through his RTI application dated 27.06.2014 had sought following information pertaining to Jet Airways and Emirates Airlines operating from the New Delhi Indira Gandhi International Airport (Terminal 3):
1) “Complete details of the compensation package and monthly salary paid to the casual/ nonpermanent
employees of the said Airlines for handling passenger and cargo services at the said airport terminal during the period 01 April, 201331. \
2) The number of working hours per day stipulated for each category of the aforementioned employees;
3) Clear photocopies of the attendance register or any other document indicating the time of the signing in to and signing out of work of the said employees of the said airlines at the said terminal during the period 01 March – 31 March 2014.
4) Names of members of the Internal Complaints Committee constituted by the said airlines at the said airport terminal under the Sexual Harassment of women at the workplace (Prevention, Prohibition and Redressal) Act, 2013 at the said airport terminal; and
5) The number of complaints received till date by the Internal Complaints Committee mentioned at para #4 above and the details of action taken on such complaints.” The CPIO vide his reply dated 30/06/2014 informed the appellant that “queries 01 to 05 does not pertain to AERA”.
Being aggrieved by nonfurnishing of information by the CPIO, the appellant filed a first appeal on 29.07.2014 before the First Appellate Authority, but FAA’s order is not on record.
HEARING:
Facts emerging during the hearing: The following were present:
Appellant: Ms. Amrita Johri (M:9810273984); Respondent: Mr. Jyoti Chhabra, US(P&A) (M:98733757961) and Mr. Mohit Kaushish, Manager (Finance) (M:9818261522);
The appellant reiterated her request made under RTI application dated 27/06/2014 seeking information from Airports Economic Regulatory Authority (AERA) in respect of information relating to Jet Airways and Emirates Airlines operating from Indira Gandhi International Airport , New Delhi under Section 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; of the RTI Act r/w Section 14 of AERA Act, 2008. She had received a response to the application on 03/07/2014 stating that the information sought does not pertain to AERA. Consequently she made an appeal quoting relevant sections of the RTI Act primarily Section 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; , wherein a response from the FAA dated 08/08/2014 was furnished to her reiterating the earlier position. The appellant however, stuck to Section 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; and Section 6(3) of the RTI Act, making it incumbent upon AERA authorities to coordinate with the concerned public authorities and provide the necessary information. The respondents referred to the correspondence issued by them to the appellant stating that the subject queries made by the appellant for seeking information/data in respect of Jet Airways and Emirates Airlines does not pertain to AERA. It was explained that they have now clarified the context in which the terminologies of service providers, ground handling, cargo facilities and the airlines etc. are defined. It was further intimated that the airlines do not fall under the regulatory jurisdiction of authority for seeking any financial/manpower/other data from the airline operators. The appellant contested the position articulated by the respondents on the grounds that in the spirit of the RTI Act, the respondents could have guided her or coordinated the information sought from the concerned authorities in the M/o Civil Aviation. The appellant expressed utter dismay and dissatisfaction in the manner in which the RTI Act is being implemented by the public authority thereby causing undue harassment and inconvenience to the information seekers. The respondents further argued that the information sought pertains to various other bodies within the M/o Civil Aviation i.e. AAI, DGCA etc. which are the custodians of such information. Nevertheless, the respondents should have proactively coordinated these issues with the M/o Civil Aviation and addressed them appropriately.
OBSERVATION:
On perusal of the records and the depositions made by both the parties it was observed that there has been a callous and casual approach in dealing with the RTI matters which defeats the purpose for which the Act was promulgated. The respondents therefore, need to formulate a training capsule for its employees for a proper understanding and comprehension of the different provisions of the Act in order to capture the sensitivities of the issues involved therein.
DECISION:
Considering the facts of the case and the submissions put forth at the time of the hearing by the parties, the Commission is of the view that the respondents need to act more responsibly in providing information to the appellants in a time bound manner. The PIO is hereby instructed to provide the desired information as sought by the appellant within a period of 30 days, from the date of receipt of this order, under intimation to this office. The PIO is further directed to show cause within 15 days why action should not be recommended to be taken against them for gross negligence and ignorance exhibited with regard to the interpretation of the RTI Act, 2005. The appeal stands disposed accordingly.
(Bimal Julka)
Information Commissioner
Citation: Ms. Amrita Johri v. Airports Authority of India in Appeal No.:CIC/YA/A/2014/003021/BJ