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Central Information Commission

N S Rawat vs Director General Of Civil Aviation on 6 September, 2021

                                    के ीय सूचना आयोग
                           Central Information Commission
                                बाबा गंगनाथ माग, मुिनरका
                           Baba Gangnath Marg, Munirka
                            नई द ली, New Delhi - 110067

ि तीय अपील सं या / Second Appeal No. CIC/DGOCA/A/2019/137767

Shri N S Rawat                                                   ... अपीलकता/Appellant
Through: Shri      Ritesh      Kumar    Sharma        -
representative

                                   VERSUS/बनाम

PIO, Director General of Civil Aviation                    ... ितवादीगण /Respondent
Through: Shri CM Pandey- Dy.                  Director,
Operations

Date of Hearing                         :     06.09.2021
Date of Decision                        :     06.09.2021
Chief Information Commissioner          :     Shri Y. K. Sinha

Relevant facts emerging from appeal:

RTI application filed on                  :    18.02.2019
PIO replied on                            :    14.03.2019, 18.03.2019 &
                                               19.03.2019
First Appeal filed on                     :    28.03.2019
First Appellate Order on                  :    -
2ndAppeal/complaint received on           :    06.08.2019

 Information sought

and background of the case:

The Appellant filed an RTI application dated 18.02.2019 which was responded to by the CPIO, Dy. Director of Operations vide letter dated 14.03.2019 as under:-

The PIO/Director of Operation (Flight Standards Director) vide letter dated 18.03.2019 replied as under:-

Moreover, the CPIO/Director Air Safety vide letter dated 19.03.2019 replied as under:-

Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 28.03.2019 which seems to have remained non-adjudicated.

Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.

Facts emerging in Course of Hearing:

A written submission has been received from CPIO/Dy. Director of Operations, FSD for DGCA vide letter dated 03.09.2021, reiterating the above facts and furnishing a comprehensive justification for denial of information.

In order to ensure social distancing and prevent the spread of the pandemic, COVID-19, hearing through video conference was scheduled after giving prior notice to both the parties. The Appellant is duly represented through his representative, who stated that the information had been sought by the Appellant on behalf of Capt. Chirag Gurnani. Respondent on the other hand reiterated that firstly the information sought encompasses third party information relating to a number of pilots which is personal in nature and hence have not been supplied to the Appellant. Moreover, the information sought is not available in the form as it has been sought. Thus making the said information available would necessitate compiling voluminous records thereby adversely impacting the regular functioning of the public authority.

Decision:

Upon considering the facts of the case and the contentions placed forth by the parties, the Commission finds no legal infirmity with the denial of information by the Respondent public authority, particularly, since the Appellant has not even sought the information for himself. Proxy litigation cannot be entertained under the RTI Act and responses furnished by the Respondent appear to adequately address the RTI queries. No intervention is deemed necessary in this case.

The appeal is disposed off as such.

Y. K. Sinha (वाई. के . िस हा) Chief Information Commissioner (मु य सूचना आयु ) Authenticated true copy (अिभ मािणत स ािपत ित) S. K. Chitkara (एस. के . िचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 of 3