Central Information Commission
Mr.M Komathinathan vs Airport Authority Of India on 27 November, 2012
Central Information Commission
Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan,
Bhikaji Cama Place, New Delhi110066
Web: www.cic.gov.in Tel No: 26167931
Case No. CIC/SS/A/2012/000561
Dated: 27.11.2012
Name of Appellant : Shri M. Komathinathan
Name of Respondent : Airports Authority of India
Date of Hearing : 08.08.2012
ORDER
Shri M. Komathinathan, hereinafter called the appellant has filed the present appeal dated 21.11.2011 before the Commission against the respondent Airports Authority, New Delhi of for not providing complete and satisfactory information in reply to his RTI-application dated 29.8.2011. The matter came up for hearing on 8.8.2012. The appellant was absent whereas the respondent were represented by Shri Raj Kumar, GM (HR), Shri M. Nathan, AGM (HR), Shri G.D. Pandey, Supervisor (HR) and Shri V.K. Tanwar, AGM (HR).
2. The appellant through his application dated 29.8.2011 sought information on the following four queries: "(1) It is understood that from 1982 to 1993 there was no post of Asstt. Executive Engineer/Manager (Engg. Elect) in AAI and promotions where done from AE to EE. Please confirm, whether reservation was not followed in this promotion. If reservation was followed please provide copies of reservation roster for the year; (2) It is understood that from 1986 to 1995, AE Engg was directly appointed in NAA and promoted as EE and JE promoted as AE was further promoted as EE in CPWD pattern. Please confirm whether no reservation was followed in these promotions to EE. If yes please provide copies 2 Case No. CIC/SS/A/2012/000561 of reservation roster followed in NAA; (3) From the RTI reply dated 9.8.2011 and 10.8.2011, it is informed that no reservation is followed for promotion to the post of Sr. Manager Engg. In AAI. Please confirm the same. If true, please provide copies of file notings regarding this decision taken by AAI Board after 1995 and approval obtained from Central Government for this under Section 10 of the AAI Act; and (4) Whether Law Ministry had vetted the decision of AAI not to provide reservation to Sr. Manager Engg. If yes please provide copy of the approval of Law Ministry." The CPIO (Non-Metro Division) vide letter No. A-22023/1/2011-EE dated 23.9.2011 replied to the appellant as follows: "(1) AAI did not exist in the year 1982-83 and came into existence in the year 1995 by merger of IAAI and NAA; (2) The question is in nature of assumption which is not available in written/recorded form and also falls under the purview of the Section 8(3) of the RTI Act which states that any information relating to any occurrence, event or matter which has taken place, occurred or happened twenty years before the date on which any request is made, is exempted. Reservation is followed as per Govt. Rules. You may inspect the rosters relating to Non-Metro Division on any working day with prior intimation; (3 & 4) Since, AAI is following GOI directives on reservation for SC/ST. As per directives, "in the case of promotion on the basis of Selection, reservation is restricted up to the lowest rung of Group A posts and within Group A posts, there is no reservation". There is a special dispensation for SCs and STs according to which "SC/ST officers who are senior enough in the zone of consideration so as to be within the number of vacancies are to be included in the select list irrespective of their merit as compared to others provided they are not declared unfit for promotion."
3. In brief, the appellant, through his application dated 29.8.2011 made a request for providing information on whether reservation policy was followed in matters of promotion from 1982 to 2011, along with copies of reservation roster registers for various posts. He also wanted copies of file notings and decision of the AAI Board after 1995 for not granting reservation for promotion to the post of Sr. Manager Engineering in AAI. The CPIO, Metro Division vide letter No. 3 Case No. CIC/SS/A/2012/000561 Pers/RC/RTI/2011/319 dated 18.10.2011 replied to the appellant on Point No. 1 of the RTI application as follows: "AAI came into existence in 1995 and the roster is re-casted w.e.f. 2.7.1997. You may inspect the rosters relating to Metro Division on any mutually convenient working day. Subsequently, the PIO, Metro Division vide letter No. Pers-II/1101/9/2/RTIA/2005/10/1427 dated 27.9.2011 provided information as under: "(1) Reservation was followed for promotion from Asstt. Engineer (Electrical) to EE (Electrical) during the said period, as the Reservation is applicable upto the lowest rung of Group-A. Copy of Reservation Roster may be obtained from SCT Cell, CHQ; (2) Information may be obtained from Non-Metro Division, CHQ; (3) Reservation is followed as per Presidential Directives; and (4) Not applicable in view of reply at Point-3".
4. Aggrieved with the reply of the CPIO, the appellant filed first-appeal before the FAA. The FAA vide his order No. 096/Appeal/ED(HR)/2011 dated 21.9.2011 concurred with the reply of the CPIO.
5. Having considered the submissions of the parties and perused the relevant documents on file, the Commission hereby directs the CPIO, Metro Division, AAI to provide clear and categorical reply on Point No. 3 and 4 of the RTI application including file notings and copies of decision taken by AAI Board, if any, including copy of Presidential Directives as referred to by the respondent in his reply dated 27.9.2011. The CPIOs of Metro and Non-Metro Divisions are directed to provide copies of SC/ST Reservation Roster to the appellant as sought for at Point No. 1 and 2 of his RTI application. The CPIOs will comply with the directions of the Commission within two weeks of receipt of this order.
6. The Commission is of the view that both the CPIOs of Metro and Non- Metro Divisions of AAI have prima-facie failed to provide SC/ST roster reservation as sought for by the appellant at Point No. 1 & 2 of his RTI application, which caused a delay of more than 100 days. A separate show- cause notice u/s 20(1) of the RTI Act would be issued to both the CPIOs of 4 Case No. CIC/SS/A/2012/000561 Metro and Non-Metro Divisions of AAI asking them to show-cause why a penalty of Rs. 25,000/- should not be imposed upon them.
(Sushma Singh) Information Commissioner Authenticated true copy:
(K.K. Sharma) OSD & Deputy Registrar Address of the parties:
Shri M. Komathinathan, Sr. Manager Engg (E), Airports Authority of India, Trivandrum Airport, Truivandrum-695008.
The CPIO (Metro Division), Airports Authority of India, Rajiv Gandhi Bhawan, Safdarjung Airport, New Delhi-110003.
The CPIO (Non-Metro Division), Airports Authority of India, Rajiv Gandhi Bhawan, Safdarjung Airport, New Delhi-110003.
The First Appellate Authority, Airports Authority of India, Rajiv Gandhi Bhawan, Safdarjung Airport, New Delhi-110003.