Request for information regarding free air travel to ministers/ directors/ employees/ etc. was not replied - Complainant asked to treat his complaint as appeal - CIC agreed & asked Air India to provide information; show cause for imposition of penalty
23 Nov, 2014Information sought:
The complainant sought information regarding free air travel to ministers/board directors/ employees/ others etc.
Relevant facts emerging during hearing:
Both parties are present. The complainant filed an RTI application on 19.02.2014, seeking the above information to the Ministry of Civil Aviation. The PIO, M/o Civil Aviation transferred the RTI application u/s 6(3) of the RTI Act, to PIO, Air India Limited, Properties & Services Department, Mumbai and PIO, Directorate General of Civil Aviation (DGCA), New Delhi to provide information directly to the applicant. Since no information was received from Air India & DGCA, the complainant filed a complaint to the Commission.
The complainant stated he received a communication dated 02.06.2014 from PIO, Air India, stating that they had forwarded the RTI application to the concerned section and on receipt of reply from them, they would provide information to him. The complainant also submitted that he had filed first appeal on 19.05.2014, which is also still pending and he has received no intimation from the First Appellate Authority. The complainant further made a plea that his complaint may be treated as appeal and information may be provided to him. On query by the Commission, why the information is not provided till date, the respondents from Air India were not in position to give answer as they had brought the wrong file of the same applicant. The respondent from the ministry stated that the information sought by the complainant does not pertain to the ministry and they had already transferred the RTI application to Air India & DGCA to provide information.
Decision:
Taking into consideration the prayer of the complainant to treat the complaint as an appeal, the plea is accepted by the Commission and this complaint is being treated as an appeal. The Commission directs respondents from Air India & DGCA to provide information to the appellant as sought by him in his RTI application dated 19.02.2014 as per the provisions of the RTI Act, within 2 weeks of the receipt of this order, under intimation to the Commission. The Commission directs PIO, Air India Limited, Properties & Services Department, Mumbai & PIO, Directorate General of Civil Aviation (DGCA), New Delhi to submit written submission, latest by 10th October, 2014, to show cause why penalty should not be imposed on them under Section 20 (1) of the RTI Act, for not providing information within the prescribed period under the RTI Act. The appeal is disposed of accordingly.
(Yashovardhan Azad)
Information Commissioner
Citation: Shri S.C. Agrawal v. M/o Civil Aviation in F.No.CIC/YA/C/2014/000260