Central Information Commission
Aseem Takyar vs Ministry Of Civil Aviation on 3 October, 2018
क य सूचना आयोग
CENTRAL INFORMATION COMMISSION
बाबा गंगानाथ माग
Baba Gangnath Marg,
मु नरका, नई द ल -110067
Munirka, New Delhi-110067
Tel: 011 - 26182593/26182594
Email: [email protected]
File No.: CIC/MHOME/A/2017/310040/MOCAV
In the matter of:
Aseem Takyar
...Appellant
VS
Under Secretary/PIO, Ministry of Civil Aviation,
B-Block, Rajiv Gandhi Bhawan, Safdarjung Airport,
New Delhi
...Respondent
Dates RTI application : 06.04.2016 CPIO reply : Not on Record First Appeal : 15.05.2016 FAA Order : Not on Record Second Appeal : 27.09.2016 Date of hearing : 21.02.2018 Compliance order : 12.09.2018 Compliance Order :
The order of the Commission dated 21.02.2018 was issued in respect of the second appeal (memo) dated 27.09.2016. The main points of order are as follows:
"During the hearing, the respondent PIO submitted to the Commission a letter dated 2nd May, 2016 addressed to the appellant stating that the RTI application did not pertain to the Ministry of Civil Aviation and this pertains to Airports Authority of India.1
Be that as it may, since no desired information was provided to the appellant in the present case, and already the case is delayed by almost two years, the present respondent CPIO, Ministry of Civil Aviation is directed to provide point wise reply complete in all respects to the appellant as available on record in the form of certified true copies of the documents sought e.g. note sheet, letter, correspondence, e-mail etc.(legible copies), free of charge u/s 7(6) of the RTI Act within 15 days of the receipt of the order. If necessary, the concerned CPIO, Ministry of Civil Aviation can take assistance from any other office under the provision of section 5(4) of the RTI Act.
The respondent CPIO is further directed to send a report containing the copy of the revised reply and the date of despatch of the same to the RTI appellant within 07 days thereafter to the Commission for record."
The appellant vide letter dated 28.06.2018 submitted that as on date, information has not been provided.
On perusal of the reply dated 28.05.2018, it was noted by the Commission that the CPIO had replied as follows:
"7. As already informed to you, the information desired by you is not available in Ministry of Civil Aviation. Therefore, as per the directions of the Hon'ble IC, the present CPIO, MoCA vide letter dated 12.03.2018 requested director (Immigration)/CPIO, Foreigners Division, Ministry of Home Affairs and Under Secretary (Immigration), Ministry of Home Affairs to furnish a point wise reply complete in all respects to this Ministry to enable the CPIO to furnish the information desired by you.
8. Separately, the CPIO, Airports Authority of India (AAI) was also requested to furnish the information desired by you vide your aforementioned RTI application dated 04.06.2016.
9. AAI, vide their letter dated 10.05.2018 has informed that your RTI application dated 06.04.2016 was received by them and since the desired information did not pertain to AAI, the same was transferred to the CPIO 2 Delhi International Airport Limited (DIAL) and Bureau of Immigration, Ministry of Home Affairs (GOI) for providing the desired information to the applicant directly vide their letter no. Ops/741/RTI/Act/2014/Vol. 13/792-795&817-818 dated 10.05.2016.
10. In response to this Ministry's letter dated 12.03.2018 referred in para 7 above, Director (Immigration)/CPIO, Foreigners Division, Ministry of Home Affairs vide dated 15.03.2018 conveyed that no such information is available in their Division in this regard. The Director (Immigration)/CPIO, Foreigners Division, Ministry of Home Affairs also endorsed a copy of the said note to Assistant Director & CPIO, Bureau of Immigration, Ministry of Home Affairs for a suitable reply in the matter.
11. Subsequently, this Ministry, vide letter dated 20.03.2018, requested the Assistant Director, Bureau of Immigration (BoI), Ministry of Home Affairs to furnish the information, as sought by the applicant under the provision of RTI Act, 2005. Since no response was received from the BoI (MHA), reminders were sent on 28.03.2018, 04.04.2018, 10.04.2018, 17.04.2018, 04.05.2018 and 18.05.2018 to BoI (MHA) but to no avail."
In view of the above, it was noted by the Commission that CPIO Ministry of Civil Aviation had made every effort to retrieve the information but to no avail. However, it would be appropriate to direct the CPIO Ministry of Civil Aviation Shri S.V Ramana to affirm on affidavit that no such information is available on record with a copy duly endorsed to the appellant within 7 days from the receipt of this order.
With the above direction, the non compliance petition is closed.
Amitava Bhattacharyya (अ मताभ भ!टाचाय) Information Commissioner ( सच ू ना आय# ु त) Authenticated true copy (अ भ मा णत स या पत त) 3 Ajay Kumar Talapatra (अजय कु मार तलपा ) Dy. Registrar (उप-पंजीयक) 011- 26182594 / [email protected] दनांक / Date 4