Central Information Commission
Debasis Das vs Ministry Of Civil Aviation on 18 December, 2023
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमार्ग, मुनिरका
Baba Gangnath Marg, Munirka
नईदिल्ली, New Delhi - 110067
द्वितीय अपील संख्या / Second Appeal No. CIC/MOCAV/A/2022/151209
Shri Debasis Das ... अपीलकर्ता/Appellant
VERSUS/बनाम
PIO, ...प्रतिवादीगण /Respondent
Ministry of Civil Aviation
Date of Hearing : 14.12.2023
Date of Decision : 18.12.2023
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 24.06.2022
PIO replied on : 22.07.2022.08.08.2022
First Appeal filed on : 16.08.2022
First Appellate Order on : 06.09.2022
2 Appeal/complaint received on
nd
: 17.11.2022
Information soughtand background of the case:
The Appellant filed an RTI application dated 24.06.2022 seeking the following information:-
"a. Please provide the last date of referendum (Union Election) in AAI. b. During last referendum (Union Election) any incident occurred at AAI, NSCBI Airport, Kolkata, if yes, then please provide the details. c. Had AAI Management of NSCBI Airport and RHQ., Eastern Region, Kolkata, receive any kind of complaint from any individual employees of AAI regarding forcefully obstruction during the course of Union Election held in AAI. If Yes, please provide the details of number of applications received in NSCBI Airport and RHQ., Eastern Region, Kolkata. d. Had AAI Management of NSCBI Airport and RHQ., Eastern Region, Kolkata enquired on individual applications, whether it is true or false. e. Please provide the details of action taken by the AAI Management of NSCBI Airport and RHQ., Eastern Region, Kolkata, on individual complaints of AAI employees."
The PIO/GM(HR) vide letter dated 22.07.2022 furnished reply as under :
a.07th Feb,2018 b to e. Since the information sought Pertains to RHQ, ER, hence, concerned CPIO is requested to provide the information directly to the applicant, if permissible, under the RTI Act.Page 1 of 4
The PIO/General Manager, (HR-ER) Airport Authority of India, Kolkata vide letter dated 08.08.2022 replied as under:-
"b. Information sought pertains to NSCBI Airport, Kolkata c. No recorded information is available at RHQ, Eastern Region, Kolkata.
d. Not applicable.
e. Not applicable"
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 16.08.2022. The FAA/Regional Executive Director, AAI, vide order dated 06.09.2022 upheld the reply of the CPIO.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Written submission dated 08.12.2023 has been received from PIO/GM, AAI, New Delhi
(i) The present RTI application dated 24.06.2022 filed by Sh Debasis bas h.as 6een received in the Airports Authority of India upon being transferred by the CPIO, Ministry of Civil aviation vide.. Registration No. AAOIN/R/T/ 22 I O0 197 dated 0 5. 0 7 .2022.
(ii) As regards information sought by the applicant at Sl. No. (a) of RTI application dated ,24.06.2022; the same has. been replied vide this office letter of even number dated 22.07.2022.No appeal was made by the applicant in this connection.
(iii) Since the information sought by the applicant at Sl. No. (b) to (e) of RTI application dated 24.06'.2022 was pertaining to the Regional Headquarters, Eastern Region, the same was forwarded to CPIO/RHQ, ER vide this office letter of even number dated 22.07.2022.
Written submission has been received from PIO/RHQ-ER, Kolkata vide letter dated 12.12.2023 and same is taken on record for perusal.
Written submission dated 08.12.2023 has been received from the PIO/GM(HR), AAI, New Delhi and same is taken on record for perusal.
Facts emerging in Course of Hearing:
The following were present :
Appellant: Present via VC Respondent: 1. Mr.Himanshu Singh, Asst. Manager (HR),AAI, New Delhi, present in person
2. Mr. H.S Biswas, GM(CNS-ER), Kolkata, Present via VC.
The Appellant stated that the relevant information has not been furnished to him by PIO/RHQ-ER, Kolkata with respect to information sought at point No. b to e.
Page 2 of 4He requested to direct the PIO, RHQ-ER, Kolkata to furnish the information as sought in his RTI Application.
Mr. Himanshu Singh, Asst. Manager (HR),AAI, New Delhi, reiterated the averments made in their written submission and stated that as regards information sought by the Appellant at point No. (a) of RTI application, the same has been furnished to the Appellant vide letter dated 22.07.2022.Howvere, information sought at point No. (b) to (e) of RTI application pertains to the Regional Headquarters, Eastern Region, accordingly, the same was forwarded to CPIO/RHQ, ER vide letter of even dated 22.07.2022.
Mr. H.S Biswas, GM(CNS-ER), Kolkata stated that the information as available in their official record has been duly furnished to the Appellant. He further stated that as per the latest reply received from Jt. GM (HR) vide intra office note dated 11.12.2023, there is no data available in their official records with respect to queries raised at point No. b to e of the instant RTI Application.
Decision:
At the outset, Commission directs the concerned PIO to furnish a copy of their latest written submission along with annexures if any, to the Appellant, free of cost via speed-post and via e-mail, within 07 days from the date of receipt of this order and accordingly, compliance report be sent to the Commission.
Keeping in view the facts of the case and the submissions made during hearing, the Commission is of the view that an appropriate response as per the provisions of the RTI Act, 2005 has been provided by the Respondent since only such information that is held and available with a public authority can be provided to the information seekers and giving reasons/ opinions/ interpretations, etc are beyond the scope of duty of the CPIO. Hence, no further intervention of the Commission is required in the instant matter.
Appeal is disposed of accordingly.
Heeralal Samariya (हीरालालसामरिया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अभिप्रमाणित सत्यापित प्रति) S. K. Chitkara (एस. के . चिटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 of 4 Page 4 of 4