List of employees suspended/terminated in relation to the strike by Air India employees, list of those whose appeals were not considered, copies of Board approval obtained before termination - denied u/s 8(1)(j) - CIC: provide information

ORDER

1. The appellant is not present for the hearing. The respondent is being represented by Shri Numamaheshwara Rao (Manager, OA) and Shri Bansi Lal (Asstt. Manager, Adm).

2. The appellant filed an RTI appplication dated 13.8.2012 addressed to PIO & General Manager (Engg), Air India Ltd. seeking information on (13) points in relation to the strike by Air India employees on 25th and 26th May 2010. The appellant sought details of the said strike, no. of employees participated in the said strike, list and details of employees suspended/terminated due to above strike, under which service rule were the above terminated etc. The appellant filed first appeal dated 24.10.2012 stating that no information has been received by him till date. The first appellate authority vide order dated 20.11.2012 held as under:

"I have gone through your appeal and it is noticed that General manager (Engineering)/ CPIO has replied to you vide letter ref:HYE /187-336 dt 1.9.2012 stating that the matter has been taken up with concerned Department/Section and shall revert back to you on receipt of the same. General Manager (Engineering)/ CPIO has been advised to follow up the matter with the concerned Department / Section and furnish the information sought by you at the earliest."

3. The appellant has filed second appeal on the ground that no information has been provided to him till date he also seeks information particularly at point no. (3) & (4) of the RTI application. The respondent have brought on record the CPIO reply dated 1.9.2012 and various reminder letters issued to the concerned department. The reply dated 27.12.2012 has been brought on record wherein a point wise reply has been provided to the appellant. Reply on point no. (10) and (11) was provided vide letter dated 16.2.2013. During the hearing the respondent submits that delay in replying was due to a court case which is pending adjudication in relation to the subject matter of this RTI application and also that the information had to be collected from other department.

4. The respondent has denied information at point no. (3) & (4) , (9) under section 8(1)(j) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. of the RTI Act, 2005. The Commission is of the view that with regard to point (3) & (4) the list of employees suspended/terminated shall be provided to the appellant as the same is not exempt under section 8(1)(j) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. . Furthermore, the information sought at point (9), the list of terminated employees whose appeals were not considered alongwide reasons for rejection and time limitation if any for disposal of such appeal shall be provided to the appellant. At point (12) the appellant has sought to know whether prior approval of the Board was obtained before termination of the above employees under 13(a) and copies of such approval and documents relied upon for giving such approval, the same shall also be provided as no reply has been provided with regard to this point. Directions of the Commission are to be complied within two weeks from the receipt of this order. The appeal is disposed off accordingly.

Sushma Singh

Information Commissioner

Citation: Mr. K.V Ramana v. Air India in Case No. CIC/SS/A/2013/000407