Central Information Commission
Aseem Takyar vs Ministry Of Civil Aviation on 9 March, 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
Facts:
The appellant vide RTI application dated 06.04.2016 sought information on five points; copies of all the records whereby decision was taken by the "competent authority" to provide the facility of special immigration counter nos. 1 to 4 for the first class & executive class passengers at the arrival and the departure lounge, details of the policy/ norms of the government authorities by which special privilege of arranging separate counters for the first class & executive class passengers at the IGI was made available. Details on whether the immigration authorities charge any special/ extra fee from the airlines to 1 provide this facility of arranging for special immigration counters for the executive class/upper class passengers were also sought. The CPIO's reply or the First Appellate Authority (FAA)'s order is not on record. Aggrieved with the non-supply of the desired information from the respondent authority, the appellant filed a second appeal under the provision of Section 19 of the RTI Act before the Central Information Commission on 27.09.2016. Grounds for Second Appeal The CPIO did not provide the desired information.
Order
Appellant : Absent
Respondent : Shri S.V. Ramana,
Under Secretary, representative of the APIO
Ministry of Civil Aviation
The appellant was not present to plead his case.
On perusal of the case record, it was seen that the RTI application was transferred vide letter dated 13.04.2016 by the CPIO, Ministry of Home Affairs u/s 6(3) of the RTI Act to CPIO, Ministry of Civil Aviation and Bureau of Immigration. After this transfer, there is no reply to the RTI application from the concerned respondent authorities.
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.
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 2 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.
With the above observation/direction, the appeal is disposed of. Copies of the order be sent to the concerned parties free of cost.
[Amitava Bhattacharyya] Information Commissioner Authenticated true copy (A.K. Talapatra) Deputy Registrar 3