Central Information Commission
Sh. Subhash Chandra Agrawal vs National Aviation Company Of India on 18 January, 2010
Central Information Commission
Room No. 5, Club Building, Near Post Office
Old J.N.U. Campus, New Delhi - 110067
Tel No: 26161997
Case No. CIC/SS/C/2009/0079
Name of Complainant : Sh. Subhash Chandra Agrawal
Name of Respondent : National Aviation Company of
India
Background
Sh. Subhash Chandra Agrawal, the Complainant filed a petition dated 24.06.2009, under the RTI Act, 05 seeking information as follows:
"1. Details of all contracts/agreements either by Air India or by Indian Airlines (now merged with Air India) where these companies had to terminate these in-between by paying damages/compensation etc. to opposite parties like "Caribjet' by Air India or to IACL on Simulator-Training Programme by Indian Airlines (now merged with Air India). Please mention amount of loss to airlines in each such case.
2. Details of all perks, pay, privileges, facilities etc enjoyed by Chairpersons/Managing Directors/Members of board of Air India or Indian Airlines either on post or after their retirement.
3. Details of all perks, pay, privileges, facilities etc. enjoyed by Ministers of Civil Aviation (both cabinet and state ranks) either on post or after their retirement.
4. File-notings on movement of this RTI petition."
The CPIO/National Aviation Company of India Limited (NACIL), furnished part reply to point No. 1 of the RTI application vide his letter dated 23.07.2009, enclosed therein information received from Sh. J.K. Bhutani, Chief Manager, O/A, for E-D legal dated 10.07.2009, as follows:
"The erstwhile Indian Airlines had entered into an agreement with M/s IACL, U.K. for training of its Trainee Pilots. IACL filed a claim against Indian Airlines in the High Court of Justice, Queen Bench Division, Commercial Bench, London for a sum of GBP 495,031 plus interest @ 8.75% GBP 118.67 per day from 8.11.2004. After negotiations between the Advocates of the parties, a compensation of E350,000 (inclusive of all costs and interests) was paid to M/s IACL."
Another part reply to point No. 1 provided to the complainant is as follows:
"As far as NACIL-A is concerned, Air India was forced to terminate lease agreement with M/s. Caribjet for the aircraft taken on wet-lease during the period 1994 to 1996. The lease agreements were prematurely terminated on 4th September, 1996 owing to Caribjet's performance under the agreement. During the Caribjet aircraft wet-lease operations, as per the instructions of DGCA, wet-lease flights operated by Caribjet for Air India was audited by a DCGA representative and then EM-fQCTS of Air India. Based on the report, the Director General of Civil Aviation wrote to the then MD of Air India vide letter No. AV.13015/12/94-80.11 dated 15th February, 1995 stating that 'it has come to our notice that M/s. Caribject and Air India are not fully complying with DGCA requirements for wet-lease operations as stipulated in CAR Section 3, Air Transport, Series "c" Part I, Issue II dated 30th December, 1993 and requested Air India to take immediate action to ensure full compliance of the requirement of wet-lease operations.
Therefore, the wet-lease operations were monitored closely by Air India and due to non- compliance of these requirements the wet-lease operations were terminated. Since the documents pertaining to wet-lease operations were terminated. Since the documents pertaining to wet-lease operation by Caribjet are taken by Headquarters/Vigilance Department, we are unable to provide any further information."
The information on 'IACL' and 'Caribjet' still does not completely answer the query at point No. 1 of the RTI application, since the complainant had sought information regarding all such cases on mid-term termination of contracts/agreement either by Air India or by Indian Airlines by paying damages/compensation etc. to opposite parties. 'Caribjet' and 'IACL' were only cited as examples by the Complainant. Not getting any satisfactory reply from the Respondent on various points n the RTI application, the Complainant has filed a present complaint before the Commission.
2. The matter was heard on 18.01.2010
3. Sh. Subhash Chandra Agrawal, the complainant was present for the hearing.
4. Sh. J. J. Sawjiany, PIO represented the respondent.
During the course of the hearing Sh. J.J. Sawjiany / PIO submitted written replies on each of the queries of the RTI application. However, regarding further information on point no. 1 of the RTI application, he submitted that the complainant needs to be more specific about the information he has sought. The Complainant agrees to do so but at the same time submits that if this was the stand of NACIL, they should have intimated him of this much earlier and not at the time of hearing.
Regarding information sought for at point No. 2 of the RTI application, the CPIO, through his letter dated 30.07.2009, has informed the complainant giving details of the salary of the CMD, which is fixed by the M/o Civil Aviation. However, the information on allowances, perks, privileges and other facilities etc. have not yet been provided to him. The Respondent submits that this information is laid down in the Rules of NACIL's Employees Regulation. In respect of Functional Directors of the Board the CPIO has informed that Functional Directors are governed by Service Regulations during service and post retirement as applicable to regular employees the company. They are entitled to perks / allowances during service and post retirement, depending on the grade and number of years of service in the Company Government Directors are entitled to the perks and allowances as applicable in their parent Department. They are provided hotel accommodation and transport facility only when they attend Board Meetings of the Company. Independent Directors are entitled for hotel accommodation, transport facility and sitting fee of Rs. 2,000/- per day for attending the Board Meetings of the Company.
In respect of point NO. 3 of the RTI application in which the Complainant had sought details on perks / pay, privilege, facilities etc. enjoyed by the Minister of Civil Aviation (both Cabinet and State ranks) either on post or after their retirement, the CPIO through his letter dated 5.11.2009 informed that 'The Ministers f Civil Aviation do not enjoy any privilege from Air India while on post or after retirement. As to what privileges they enjoy as Ministers of Civil Aviation, the information may be sought from the Ministry of Civil Aviation."
Decision After hearing the parties and on perusal of the documents the Commission finds that for the remaining information at point No. 1 of the RTI request, the Complainant needs to be more specific in his query. In respect of query at point No. 2, the CPIO may inform the Complainant regarding the perks / privileges, facilities enjoyed by CMD, and Rules governing these items. Full information has been provided to the Complainant regarding Government Directors and Independent Directors. In respect of information sought at point 3, the respondent may transfer the RTI application to the Ministry of Civil Aviation under Section 6(3) of the RTI Act. for providing the requisite information. The 4th query was regarding file notings and movement of this RTI. The respondent have provided information on various letters issued by the CPIO for requesting for information from the concerned Departments of his Organization. On the question of delay in furnishing reply to the complainant, the Commission finds that most of the delay has occurred in getting responses from the concerned Departments. It is provided in Section 5(5) of the RTI Act, 2005 that any official whose assistance has been sought by the CPIO u/s 5(4), seeking his/her assistance, shall be treated as the CPIO for the contravention of any provision of the Act. Hence, the Respondent, including the deemed CPIO, are directed to be more careful in future. The aforementioned complete information is to be provided the complainant free of cost within 15 days of receipt of this order.
The matter is disposed off accordingly.
(Sushma Singh) Information Commissioner 18.01.2010