Central Information Commission
Mranil Sondhi Fwd By Post Secunderabad vs Air India on 25 April, 2016
CENTRAL INFORMATION COMMISSION
2nd Floor, B Wing, August Kranti Bhavan,
Bhikaji Cama Place,NEW DELHI 110066
TEL: 01126717355
Appeal No.CIC/YA/A/2014/002254
Appeal No.CIC/YA/A/2014/002255
Appeal No.CIC/YA/A/2014/002256
Appeal No.CIC/YA/A/2014/002258
Appeal No.CIC/YA/A/2014/002262
Appeal No.CIC/YA/A/2014/002263
Appeal No.CIC/YA/A/2014/002875
Appeal No.CIC/YA/A/2014/003291
Appellant: Mr. S.P.D. Sudhakar
Plot No.:275, Street No.1,
Satya Sai Enclave
Manovikas Nagar (PO),
Secunderabad500009
Respondent: CPIO
Air India Ltd.,
Engg. Complex
Begumpet, Hyderabad500016
Date of Hearing: 25/04/2016
Date of Decision: 25/04/2016
HEARING:
The following were present:
Appellant: Mr. S.P.D. Sudhakar through VC;
Respondent: Mr. J.P. Sudhir (M: 9849017987), Manager (P) and Mr. D.
Rajendra (M: 9441720916), Dy. Manager (Admin) representing CPIO through
VC;
Appeal No.CIC/YA/A/2014/002254
FACTS:
Page 1 of 7
The appellant, through RTI application dated 07.02.2014 , has sought information on 16 points pertaining to details of the number of Engineering Hangers in Begumpet in the last decade, details of Hangers owned by Air India, hangers leased from Airport Authority of India, lease rentals paid to AAI, details of Hangers leased to NTRO, copies of such lease agreements , details of authorities of NTRO who sought the lease, details of competent authorities of Air India and AAI for leasing out the hangers, facilities provided to NTRO leased hangers by Air India, procedure followed before leasing out, additional expenditure incurred by Air India, details of subsidized canteen facility provided to NTRO employees and the amount of subsidy claimed year -wise, expenditure incurred on account of water, cleaning , manpower for cleaning , whether any rentals remitted to Air India on account of hangers leased to NTRO yearwise etc. (NTRO is exempted as per section 24.) DELIBERATIONS:
The appellant during the hearing stated that he is the permanent employee of Air India as also the Regional Secretary of Air Corporation Employees Union, Hyderabad Region and he has been denied information pertaining to this petition by CPIO and the First Appellate Authority. The representatives of the respondent stated that this information was not provided to him because he has been misrepresenting the facts by claiming to be regional secretary of Air Corporation Employees Union and misusing the stationary of the said Union. The appellant further informed that in similar such cases the information has been provided to other applicants.
DECISION:
After deliberations and discussions on the subject matter it was decided that as a citizen of India he has the right to seek information as per the provisions of the RTI Act, 2005. The Commission therefore, directs the public authority to provide necessary information within in a period of 30 days to the appellant as per the provisions of the RTI Act. The appeal is disposed accordingly.
Appeal No. CIC/YA/A/2014/002255 FACTS:
The appellant ,through RTI application dated 06.03.2014 , has sought information on 8 points with respect to termination of engineers in Air India. He has sought the details and copy of reinstatement letters issued to engineers who had been terminated on 26.05.2010 all over India, copy of the undertaking signed by such engineers, details of conditions or undertakings as mentioned above, list of engineers who appealed for waiver of such conditions, details of the competent authority which granted exemption to such engineers etc. Page 2 of 7 DELIBERATIONS:
The appellant reiterated the contents of his petition and stated that he has not been provided information in the matter. The representatives of the respondent argued that the grounds for denial of information are the same as in the previous case.
DECISION:
Based on the discussions held in the matter and considering the fact that as a citizen of India he cannot be denied the relevant information in accordance with the provisions of the RTI Act, the public authority is hereby instructed to provide the necessary information within a period of 30 days. The appeal is disposed accordingly.
Appeal No.CIC/YA/A/2014/002256 and CIC/YA/A/2014/002262:
FACTS:
In both the cases the appellant had sought information on 10 points pertaining to details and copy of the recent notification for selection of CEO for AIESL; criteria ,age, experience, qualification required for the a candidate to apply for the post, names of candidates who applied; details of candidates found eligible and called for interview, details of selection procedure followed, details of candidates who were granted Vigilance clearance and those who were not and reasons for such decision; details of the selection -process ,file noting and Board's approval, copies of any other related documents etc. The appellant has sought permission to examine the documents and take copies of relevant documents.
DELIBERATIONS:
The appellant stated that information sought on the points pertaining to his petition have not been provided to him since the date of filing of RTI application. The representatives of the respondent stated that the basic information regarding the selection criteria adopted for selection of CEO of Air India Engineering Services Ltd. (AIESL) was notified but the number of candidates called for interview and those who were granted Vigilance clearance etc. and the reasons thereof have not been made public. However, the respondents are willing to provide the necessary information within a period of 30 days.
DECISION:Page 3 of 7
After hearing the submissions made by both the parties the Commission directs the respondents to provide requisite information as per the provisions of the RTI Act, within a period of 30 days to the appellant. The appeals stand disposed accordingly.
Appeal No.CIC/YA/A/2014/002258 :
FACTS:
The appellant , through RTI application dated 24.01.2014, has sought information pertaining to details of employees who attended office on Saturdays, Sundays and other holidays at Engineering Hangers, Begumpet from January 2013 to January 2014; the authority which gave permission to the employees for the same, details of allowances claimed by employees in all the above cases with copies of certified claim forms, details of number of casuals posted/called for duty, copies of attendance sheet/time -punch cards, copy of permission obtained from ED(South) in each of the above cases, details of compensatory offs, CCTV footages of Engineering Hangers Security Gate from October 2013 to January 2014, any other details/documents related to the above issues.
DELIBERATIONS:
The appellant through RTI application dated 24/01/2014 had sought information pertaining to the details of employees who attended office at Engineering Hangers, Begumpet from January 2013 to January 2014 and other specific details. The representatives of respondent stated that while the information pertaining to employees attending office at Engineering Hangers can be provided, the CC TV footage of engineering hangers cannot be provided as they have shifted to Samshabad on 22/07/2015.
DECISION:
Considering the facts of the case and the submission made by both the parties, the Commission directs the respondents to provide the requisite information to the appellant within a period of 30 days in accordance with the provisions of the RTI Act. The appeal is disposed accordingly.
Appeal No.CIC/YA/A/2014/002263:
FACTS:Page 4 of 7
The appellant, through RTI application dated 07.02.2014 , has sought information on 8 points pertaining to details and list of employees posted at Shamshabad GMR airport as on 23.03.2008 and henceforth quarterwise from 2008 till date(i.e. date of RTI application); details and list of employees who were deputed and transferred to AIASATS from the above list for each quarter; details of transportation provided to staff shiftwise, charges incurred on transportation; details of employees from whose pay the transportation charges have been recovered; total amount deducted from employees, copy of the circular /order under which such deductions were made. He has sought permission to verify the records and take copies of relevant documents.
DELIBERATIONS:
The appellant during hearing stated that he had sought information on 08 points pertaining to details and list of employees posted at Samshabad, GMR Airport as on 23/03/2008 onwards and the list of employees who were deputed and transferred to Air India Singapore Air Transport Service (a joint venture arrangement).On being queried the respondents stated that they could provide information with regard to the employees but the details of the joint venture arrangement cannot be disclosed.
DECISION:
Keeping in view the facts enumerated in the petitions and the submissions made by the appellant and the respondents, the Commission directs the public authority to provide the requisite information to the appellant within a period of 30 days. With respect to the implementation of the RTI Act it is evident that there is a need for greater sensitization of CPIOs/FAAs within the organization for which a suitable institutionalized mechanism needs to be put in place at the earliest. The appeal stands disposed accordingly.
Appeal No.CIC/YA/A/2014/002875 and CIC/YA/A/2014/003291:
FACTS:
The appellant in both the appeals had sought information on 9 points pertaining to details of AECU office -bearers recognised by management as on January 2014 along with the copies of election report, details of authorities who granted recognition along with the documents they relied upon and file noting, SOD passages given AECU office bearers for the period of 2013 till the date of RTI application, details of SODs and allowances paid to one Mr. P.R.Ravinder in the capacity of Regional Secretary of AECU Hyderabad region, authorities who sanctioned the allowances, details of meetings with agenda and minutes with the issues addressed and the revenue burden on the company in each case.Page 5 of 7
The appellant has sought permission to verify the documents/records with respect to the information sought.
DELIBERATIONS:
The appellant had sought information on 09 points through RTI application dated 24/01/2014 pertaining to details of Air Corporation Employees Union (ACEU) office bearers recognized by the management as on January 2014 and the details thereof. The respondents articulated that subsequent to a strike in the year 2011, two trade unions had been disqualified. However, the Commission observes that it the prerogative of the competent authority within the public authority to recognize or derecognize unions as per laid down criteria. It was also observed that the public disclosure norms need to be strengthened in such organizations.
DECISION:
Based on the discussions and the submissions made by both the parties the Commission instructed the public authority to provide the necessary information within a period of 30 days to the appellant. The appeals stand disposed accordingly.
(Bimal Julka) Information Commissioner Authenticated True Copy:
(K.L.Das) Deputy Registrar Copy to:
1 Secretary, Civil Aviation, Rajiv Gandhi Bhawan, New Delhi Page 6 of 7 2 CMD, Air India, Parliament Street, New Delhi Page 7 of 7