Certified copy of Airline Transport Pilot Licence of a third party was denied by the PIO claiming exemption u/s 8(1)(d) of the RTI Act - Appellant: fake licenses have been issued to the person concerned by the authority - CIC: denial upheld

Information sought:

The appellant sought certified copy of Airline Transport Pilot Licence (ATPL) No. 4499 with all the note sheets and approvals from the higher authority which was issued on 10.01.2010 to Capt. H.S. Virdi of M/s A.R. Airways and name & designations of the officials who gave approval to ATPL No. 4499.

Relevant facts emerging during hearing: Both the parties are present.

The appellant had filed an RTI application dated 26.06.2013, seeking the above information. Dy. Director (Opns)/CPIO denied the information u/s 8(1)(d) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; of the Act. The FAA/ Jt. Director General vide his order dated 14.08.2013, upheld stand of the CPIO. The appellant submitted that he had sought very simple and specific information but the CPIO denied the information merely stating that the information sought is third party information without invoking action u/s 11 of the RTI Act. The respondent reiterated his stand stating that the information is exempted u/s 8(1)(d) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; of the RTI Act. The appellant stated that he is seeking this information in larger public interest as fake licenses have been issued to the person concerned by the authority and he needs this information to bring the malpractices in public. To this the respondent stated that if the appellant sought any information regarding discrepancy in issuing of any ATPL, they will provide the information as per the provisions of the RTI Act. But in the present case, the appellant sought copy of the ATPL which is third party information exempted u/s 8(1)(d) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; of the RTI Act.

Decision:

After hearing both the parties and on perusal of the record, the Commission upholds the stand taken by the public authority and no further action is required in the matter. The appeal is disposed of accordingly.

(Yashovardhan Azad)

Information Commissioner

Citation: Shri Harikrishan Das Nijhawan v. Directorate of Civil Aviation in F.No.CIC/SS/A/2014/002907-YA