Central Information Commission
Subramanian Kalyani Asari vs Bureau Of Civil Aviation Security on 19 September, 2019
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No : CIC/BOCAS/A/2018/133837/SD
Subhramanian Kalyani Asari ....अपीलकता/Appellant
VERSUS
बनाम
CPIO,
Bureau of Civil Aviation Security,
Regional office (Directorate),
Ground Floor, AAI Building,
Pariswada, Ville Parle,
Sahar Road,
Mumbai - 400099 ... ितवादीगण /Respondent
RTI application filed on : 02/02/2018
CPIO replied on : 19/02/2018
First appeal filed on : 28/02/2018
First Appellate Authority order : 14/03/2018
Second Appeal dated : 21/05/2018
Date of Hearing : 03/09/2019
Date of Decision : 18/09/2019
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INFORMATION COMMISSIONER : DIVYA PRAKASH SINHA
Information sought:
The Appellant sought information through 4 points pertaining to issuance of AEP (Airport Entry Pass) by BCAS to Cambata Aviation Pvt. Ltd., (CAPL) employees without surrendering their old AEP to BCAS. He specifically sought for details regarding a complaint against a duty handler from CAPL Company's Employees Union on 08.09.2016; certified copy of the complaint letter by CAPL Employees Union etc. 1 Grounds for the Second Appeal:
The CPIO has not provided the desired information.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Present through VC.
Respondent: Capt. Ashutosh Vashist, Asstt. Director & CPIO, Bureau of Civil Aviation Security, Regional office (Directorate), Ville Parle, Mumbai present through VC.
At the outset, Commission remarked that the CPIO has blindly invoked Section 8(1)(a) of the RTI Act to deny the information sought in the instant RTI Application, which is totally misplaced and without any application of mind.
Appellant stated that he is not satisfied with the reply of the CPIO. He further stated that on 17.08.2016 CAPL was closed.
CPIO reiterated his written submissions dated 26.08.2019 that the Bureau of Civil Aviation Security (BCAS) is a regulatory body as attached office of M/o. Civil Aviation (MCA) for Civil Aviation Security in India. The role of BCAS in the instant case is that BCAS issued AEP and security clearance to Ground Handling Agency (GHA). He further submitted that the BCAS issued AEP on the basis of recommendation from Sponsoring Agency i.e., Bird Worldwide Flight Service Mumbai Pvt. Ltd. (BWFS) and Mumbai International Airport Pvt. Ltd. (Airport Operator) for employees for their legitimate functions at airport. The documents required for issuance of AEP is AEP application form, recommendation from sponsoring agency and background check report issued by Police which is a confidential document. He furthermore submitted that the Appellant has sought information relating to a third party and that the information cannot be procured from CAPL as the same has been closed on 17.08.2016.
CPIO submitted that AEP issued to CAPL were cancelled w.e.f. 17.08.2016 and the previous AEP held by Duty Manager of CAPL was void, nullified and he was free to re-apply for a fresh AEP. He further submitted that after the closure of CAPL, the employees joined Bird Worldwide Flight Services Mumbai Pvt. Ltd (BWFSMPL) who were issued fresh AEP. He furthermore submitted that no rule is in vogue to provide Security License as sought at para 3 of the RTI Application.
2File No : CIC/BOCAS/A/2018/133837/SD Decision Commission has gone through the case records and observes that the information sought at paras 1(a) and 1(b) of the RTI Application is exempt from disclosure under Section 8(1)(j) of the RTI Act as it pertains to third party. Information sought at paras 1(c), 1(d) and 2 of the RTI Application is clarificatory in nature, which is outside the purview of Section 2(f) of the RTI Act, hence no scope of action is warranted on these paras of the RTI Application.
In view of the foregoing, CPIO is directed to provide copy of the letter regarding cancellation of AEP issued to CAPL, free of cost to the Appellant within 15 days from the date of receipt of this order. A compliance report to this effect shall be provided by the CPIO to the Commission.
The appeal is disposed of accordingly.
Divya Prakash Sinha ( द काश िस हा )
Information Commissioner ( सूचना आयु )
Authenticated true copy
(अ भ मा णत स या पत त)
Haro Prasad Sen
Dy. Registrar
011-26106140 / [email protected]
हरो साद सेन, उप-पंजीयक
दनांक / Date
Signature Not Verified
Digitally signed by User
Date: 2019.09.19 15:02:02 IST
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