Central Information Commission
Subramanian Kalyani Asari vs Bureau Of Civil Aviation Security on 28 June, 2019
के ीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमाग, मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No :CIC/BOCAS/A/2018/101538/SD
Subramanian Kalyani Asari .... अपीलकता/Appellant
VERSUS
बनाम
CPIO,
O/o Regional Director,
Bureau of Civil Aviation Security,
Ground Floor, AAI Building,
Parslwada, Vile-Parle (E),
Sahar Road,
Mumbai-400099. .... ितवादीगण /Respondent
RTI application filed on : 04/09/2017
CPIO replied on : 10/10/2017
First appeal filed on : 08/11/2017
First Appellate Authority order : 30/11/2017
Second Appeal dated : 28/12/2017
Date of Hearing : 26/06/2019
Date of Decision : 26/06/2019
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INFORMATION COMMISSIONER : DIVYA PRAKASH SINHA
Information sought:
The Appellant sought information with respect to M/s. Cambata Aviation Pvt. Ltd. and M/s. Bird Worldwide Flight Services Pvt. Ltd. at Mumbai CSI Airport, Andheri through 8 points.
Grounds for the Second Appeal:
The CPIO has not provided the desired information.1
Relevant Facts emerging during Hearing:
The following were present: -
Appellant: Present through VC.
Respondent: Capt. Ashutosh Vasisht, Asst. Director & Rep. of CPIO, In-charge of O/o. Regional Director, Bureau of Civil Aviation Security, Mumbai present through VC.
Appellant stated that he is not satisfied with the reply of the CPIO.
Upon the instance of Commission as to how the information sought in the RTI Application fall under the category of Section 8(1)(a) of the RTI Act, rep. of CPIO submitted that it pertains to the security of M/s. Cambata Aviation Pvt. Ltd. and M/s. Bird Worldwide Flight Services Pvt. Ltd., hence the information sought in the RTI Application has been denied under Section 8(1)(a) and 8(1)(d) of the RTI Act. He further submitted on Commission's inquiry that the ground handling license to the aforementioned Companies have been issued by the Airport Authority of India (AAI).
Decision Commission upon perusal of the facts on record and on the basis of the proceedings during hearing, observes that the RTI Application should have been transferred to Airport Authority of India under Section 6(3) of the RTI Act by Bureau of Civil Aviation Security. The CPIO without application of mind has replied to the instant RTI Application by invoking incorrect exemption clauses of Section 8 of the RTI Act.
In view of the above, Commission directs the CPIO to provide certified copy of Ground Handling License issued to M/s. Cambata Aviation Pvt. Ltd. and M/s. Bird Worldwide Flight Services Pvt. Ltd. as sought at point no. 3 of the RTI Application alongwith the certified copy of letter, if any, intimating closure/stoppage of services by M/s. Cambata Aviation Pvt. Ltd. as sought at para no. 7 of the RTI Application after procuring the same from the concerned custodian of records i.e., Airport Authority of India and provide the same to the Appellant. In the event, Airport Authority of India is not in possession of the information sought, 2 File No :CIC/BOCAS/A/2018/101538/SD they should procure it from Mumbai International Airport Pvt. Ltd., (MIAL), by invoking Section 2(f) of the RTI Act.
Section 2(f)- "...."information" means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force..."
The said information should be provided free of cost to the Appellant within 30 days from the date of receipt of this order and a compliance report to this effect be duly sent to the Commission by the CPIO.
The appeal is disposed of accordingly.
Divya Prakash Sinha ( द काशिस हा) Information Commissioner (सूचनाआयु ) Authenticated true copy (अ भ मा णतस या पत त) Haro Prasad Sen Dy. Registrar 011-26106140/ [email protected] हरो सादसेन,उप-पंजीयक दनांक / Date 3