PIO: it is not possible to give details of requirement of exact number of loaders for each day's operation in each shift so the information was denied u/s 8(1)(d) - CIC: provide average number of aircrafts’ flights handled by Air India on an average day

ORDER

RTI application:

1. The appellant filed an RTI application on 16.03.2013 seeking information pertaining to certain operations.

2. The CPIO responded on 10.05.2013 and provided pointwise information to the appellant. The appellant filed his first appeal on 07.06.2013 to the first appellate authority (FAA). The FAA responded on 23.6.2013. The appellant filed a second appeal on 15.07.2013 with the Commission.

Hearing:

3. The appellant and the respondent both participated in the hearing through video conferencing.

4. The appellant referred to his RTI application of 16.03.2013 and stated that he wanted information on 9 points.

5. The respondent stated that the CPIO in his response on 10.05.2013 to the appellant has provided information on points 1 and 2. The respondent stated that on point 3 (a), it is not possible to give details of requirement of exact number of loaders for each day's operation in each shift so the information was denied under section 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 respondent stated that the information on point 3(b) and (c) was provided to the appellant.

6. The respondent stated that on point 4(a) and (b) the information was denied by the CPIO under section 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, but during the hearing the respondent agreed to provide average number of aircrafts' flights handled by Air India on an average each day. The respondent stated that on point 5(a), the information was furnished by the CPIO to the appellant, but on point 5(b), they do not have any information and it will take time to compile this information. The respondent stated that on point 6 and 7, the information was denied to the appellant under section 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 as there are certain matters of commercial confidence. The respondent stated that point 8 (a), (b) and (c), the information was provided and they will provide a copy of the memorandum mentioned in the CPIO's response to the appellant.

7. What emerged from the hearing was that the respondent will provide the available information on points 4(a), (b) and 8(a), (b) and (c) to the appellant in context of the RTI application.

Decision:

8. The respondent is directed to provide to the appellant, within 30 days of this order, the information as per para 7 above. The appeal is disposed of. Copy of decision be given free of cost to the parties.

(Vijai Sharma)

Information Commissioner

Citation: Shri John Lopez v. Air India in Decision No.CIC/SS/C/2013/000423/VS/06063