Central Information Commission
Cma Dhyanabrata Sanyal vs Director General Of Civil Aviation on 19 September, 2023
Author: Heeralal Samariya
Bench: Heeralal Samariya
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग ,मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
नितीय अपील संख्या/Second Appeal No.: CIC/DGOCA/A/2022/666159
CMA Dhyanabrata Sanyal .....अपीलकताग /Appellant
VERSUS/बनाम
Public Information Officer Under RTI,
O/o. the Director General, Directorate General
of Civil Aviation, Aurobindo Marg,
Opposite Safdarjung Airport,
New Delhi-110003.
Public Information Officer Under RTI,
Manager-(Administration/Legal), Alliance Air A
viation Ltd. (AI Assets Holding Limited),
2nd Floor, Air India Reservation Building,
Safdarjung Airport, Jorbagh, New Delhi-110003.
प्रनतवािीगण/Respondents
Relevant facts emerging from appeal:
RTI application filed on : 25.08.2022
CPIO replied on : 14.09.2022
First appeal filed on : 10.10.2022
First Appellate Authority order : Not on record
Second Appeal received at CIC : 13.12.2022
Date of Hearing : 19.09.2023
Date of Decision : 19.09.2023
सूचना आयुक्त : श्री हीरालाल सामररया
Information Commissioner: Shri Heeralal Samariya
Page 1 of 4
Information sought:
The Appellant sought following information:
1. Was Ms. Priyanka Ganguli, Manager Sales, Kolkata was appointed against which notification?
2. Does she worked under any Airline or GSA before joining AAAL?
Specify.
i) If she worked under Any Airline, her designation and area of work.
ii) if she worked with GSA, Name & location of GSA and GSA of which Airline?
• PIO, Alliance Aviation Ltd furnished reply, vide letter dated 14.09.2022, as under:
Advertisement for the post cf Manager-Trade Sales (01- Hyderabad/01-Kolkata) was hosted by Aliance Air Aviation Ltd on Air India website on 21/12/20. Ms. Priyanka Ganguly who had applied for the said post for Kolkata location was found eligible for the same as per the laid down eligibility as mentioned in the advertisement. Ms. Priyanka Ganguly was selected for the post of Manager-Trade Sales by the selection board after the interview process.
• Dissatisfied with the response received from PIO, Appellant filed First Appeal, vide letter dated 10.10.2022.
• Written submission has been received from the CPIO, DGCA vide letter dated 11.09.2023, as under :
1. The applicant, Shi Dhyanabrata Sanyal had submitted the RTI request dated 25-08-2022 online (Regn No. DGOCA/R/E/22/00433) in the RTMIS Web Portal of Director General of Civil Aviation (DGCA)
2. After perusal of request, it was observed that applicant was seeking information from Alliance Air Aviation Limited (a separate public authority not configured with RTL MIS Web Portal)
3. As the information sought was fully related to Alliance Air Aviation Limited (a separate public authority), the RTI request was transferred under Section 6(3) of the RTI Act, 2006 to Alliance Air Aviation Limited in physical form on dated 25-08-2022 with an advice to applicant that further correspondence may kindly be made directly with Alliance Ar. (Letter attached as Annexure -- A)
4. The applicant was also apprised the same over mobile phone. The Applicant had filed First Appeal vide email dated 26.09.2022 to the appellate authority of Alliance air with copy to this public authority . The copy of First Appeal was also forwarded to First Page 2 of 4 Appellate Authority of Alliance air under intimation to the Appellant on 27.09.2022.
5. There is no first appeal received in this regard as the request was transferred Us 6(3) to Alliance Air Aviation Limited (a separate public authority) Grounds for Second Appeal:
The PIO has not provided correct information to the Appellant.
Relevant Facts emerging during Hearing:
The following were present: -
Appellant: Present Respondent No. 1: Mr. Bharat Lal, Director, O/o DGCA Respondent No. 2 : Absent Appellant stated that relevant information has not been furnished to him till date. He submitted that his First Appeal has not been adjudicated till date. He requested to direct the PIO to furnish the information as sought in his instant RTI Application.
Respondent No.1 reiterated the averments made in their written submission and stated that as the information sought was fully related to Alliance Air Aviation Limited (a separate public authority), the RTI request was transferred under Section 6(3) of the RTI Act, 2006 to Alliance Air Aviation Limited Decision:
At the outset, the Commission takes grave exception to the absence of PIO, Alliance Air Aviation Limited- Respondent No. 2, during hearing without intimating any reasons thereof. Accordingly, PIO, Alliance Air Aviation Limited is hereby directed to file a written explanation justifying the said conduct, failing which an action under Section 20(1) and 20(2) of the RTI Act will be initiated against him/her, if necessary.
The PIO, Alliance Air Aviation Limited is directed to ensure that his written submission reaches the Commission within 30 days from the date of receipt of this order, failing which ex-parte action will be initiated against him/her.Page 3 of 4
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. However, it is also noted that the FAA, Alliance Air Aviation Limited has not adjudicated the First Appeal at all, thereby vitiating the entire proceedings, making the adjudication at the first appellate stage redundant. The FAA, Alliance Air Aviation Limited is therefore cautioned to ensure that first appeals are decided within the stipulated time period as per the RTI Act, 2005 in future.
The appeal is disposed of accordingly.
Heeralal Samariya (हीरालाल सामररया) Information Commissioner (सूचना आयुक्त) Authenticated true copy.
(अनिप्रमानणतसत्यानपतप्रनत) Ram Parkash Grover (रामप्रकाशग्रोवर) Dy. Registrar (उप-पंजीयक) 011-26180514 Page 4 of 4