Central Information Commission
Subramanian Kalyan Asari vs Bureau Of Civil Aviation Security on 6 October, 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/BOCAS/A/2019/117681
Shri Subramanian Kalyan Asari ... अपीलकता /Appellant
VERSUS/बनाम
... ितवादीगण /Respondent
CPIO
Bureau of Civil Aviation Security
Date of Hearing : 05.10.2021
Date of Decision : 06.10.2021
Chief Information Commissioner : Shri Y. K. Sinha
Relevant facts emerging from appeal:
RTI application filed on : 09.07.2018
PIO replied on : 07.08.2018
First Appeal filed on : 28.08.2018
First Appellate Order on : 04.10.2018
2ndAppeal/complaint received on : 16.04.2019
Information soughtand background of the case:
The Appellant filed an RTI application dated09.07.2018 seeking information on 05 points regarding security clearance given to M/s Cambata Aviation Pvt. limited; whether it has surrendered the security clearance license, etc. The CPIO vide letter dated 07.08.2018 replied as under:-
Dissatisfied with the reply from the CPIO the Appellant filed a First Appeal dated 28.08.2018. The FAA/Deputy Director General vide order dated 04.10.2018 stated that the details sought by the Appellant pertain to security matter and the disclosure of such information qualify for exemption under Section 8(1)(d) and Section 8(1)(j) of the RTI Act 2005.
Feeling aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Page 1 of 2Facts emerging in Course of Hearing:
A copy of the order of the FAA and Dy. Director General, Bureau of Civil Aviation Security, M/o Civil Aviation dated 22.03.2021 sent to the Appellant in compliance with the earlier decision of the Commission dated 10.02.2021 was sent to the Commission and the same has been taken on record.
A written submission has also been received from the CPIO, Regional Office, BCAS, M/o Civil Aviation dated 01.10.2021 and the same has been taken on record.
In order to ensure social distancing and prevent the spread of the pandemic, COVID-19, hearing through audio conference was scheduled after giving prior notice to both the parties.
The Appellant participated in the hearing through audio conference. He stated that satisfactory information was not provided in the instant matter and that the earlier decision of the Commission on similar issues was also not complied with by the Respondent.
The Respondent represented by Shri Ved Prakash, Regional Director, Bureau of Civil Aviation Security participated in the hearing through audio conference.
Decision:
Keeping in view the facts of the case and the submissions made by both the parties, the Commission observes that similar issues have already been heard and decided by the Commission in CIC/DGOCA/A/2019/119762 decided on 07.09.2021; CIC/AAOIN/A/2018/133021 and CIC/MOCAV/A/2019/121355 decided on 10.02.2021; CIC/BOCAS/A/2018/133837/SD decided on 18.09.2019 and CIC/BOCAS/A/2018/101538/SD decided on 26.06.2019. In its latest decision dated 07.09.2021, the Commission had observed that "the issue at hand has been decided at length and requires no further intervention, under the RTI Act. The Appellant is advised to seek appropriate legal remedy before a forum which can redress his grievances, since no further information on this subject matter can be furnished under the RTI Act." Thus, adjudication in the instant matter is barred by the principles of constructive res judicata.
With the above observations, the instant Second Appeal stands disposed off accordingly.
Y. K. Sinha (वाई.
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 2 of 2