Central Information Commission
Mrmohd Saquib S Alam Khan vs Director General Of Civil Aviation on 13 May, 2014
CENTRAL INFORMATION COMMISSION
ROOM NO. 329, SECOND FLOOR, C-WING
August Kranti Bhawan, Bhikaji Cama Place,
New Delhi-110066
Tel. No. 91-11-26717356
F.No. CIC/SS/A/2013/000716 -YA
Date of hearing : 09.04.2014
Date of decision : 13.05.2014
Appellant : Mohd. S.S. Alam Khan,
Naini Central Prison
Allahabad, U.P.
Respondent : Sh. Suresh Kumar Singh, CPIO
Office of Director General
of Civil Aviation, New Delhi
Information Commissioner : Shri Yashovardhan Azad
Relevant fact emerging from appeal:
RTI application filed on : 05.12.2012
PIO Replied on : 17.12.2012
First appeal filed on : 03.01.2013
First Appellate Authority order : 10.01.2013
Second Appeal received on : 28.11.2013
Information sought:
The appellant sought information regarding his journey from Varanasi to Mumbai on 30/6/2012 by Kingfisher Airlines.
Relevant facts emerging during hearing:
Both the parties are present. The Commission in its earlier order dated 28.11.2013 had asked the respondents to file a written submission explaining its relationship with the airlines with respect to the information which can be accessed from them. The respondent filed a written submission on 03.04.2014 that the requested information is not a part of record of their office. In its earlier communications with the Commission dated 10.10.2013 and 23.12.2013, the respondent authority have maintained that they do not have rules or regulations under which the airlines are required to submit such information in their office and hence, they do not have this information.
The appellant stated that he, along with others, was taken by the Police for hearing in a case from Varanasi to Mumbai on 30/06/2010 and he requires information relating to the aircraft number, flight number, the seat numbers and the timings of flight departure from Varanasi and arrival at Mumbai. During the hearing, respondent referred to Para 4 of their submission dated 23.12.2013 which states that under Rule 10(c) of the Aircraft (Investigation of Accidents and Incidents) Rules 2013, power has been delegated to aircraft accident investigators to require and enforce production of all books, papers, documents and articles which he may consider necessary for investigation and retain them until completion of investigation. The respondent also stated that DGCA charter predominately deals with the technical/maintenance aspect of the Ministry of Civil Aviation and hence this is not the appropriate public authority from where the information has been sought. The information asked for is straight forward and simple information which could have been provided to the appellant by the Ministry itself by accessing the information directly from the Commercial Operation Department of the airlines. The respondent stated that they have made effort and have consulted the Airport Authority of India, BCAS regarding passenger manifesto and both the authorities have stated that such category of information is not maintained by them and that Schedule airport transport services are regulated under Rule 134 of the Aircraft Rules, 1937 which provides that airlines are not required to submit passenger itineraries to their office or to any other office except the monthly and annual returns. The respondent also quoted an Andhra Pradesh High Court Order in Malini Byanna V. CIC (WP. No. 6390/2010) wherein the Court while dismissing the appeal stated, "Mere fact that DGCA is a licensing authority in respect of private airlines does not mean that DGCA can regulate the information flow by Jet Airways. The petitioner has other remedies including the provisions under Code of Civil Procedure, 1908 and the Criminal Procedure Code, 1973, for summoning the information from Jet Airways." The appellant mentioned that similar kind of information has been provided by the Airport Authority of India in other cases and documents in this regard are also attached in the file.
Decision:
After hearing both the parties, the Commission directs that the respondent shall transfer the RTI application under Section 6(3) to the CPIO, Ministry of Civil Aviation, with the copy of this order within 5 days of receipt of same, who will ensure that the requisite information is provided to the appellant, within four weeks of receipt of the RTI application, by invoking Section 5(4) seeking assistance from branches like Commercial Operations or by transferring it to concerned public authority, like AAI, etc. The Commission shall be intimated by concerned public authority(s) of the action taken by them in this regard from time-to-time.
The appeal is disposed of accordingly.
(Yashovardhan Azad) Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(K.V. Mathew) Deputy Registrar