Central Information Commission
Himanshu Mitra vs Air India on 20 June, 2022
CIC/AIRIN/A/2021/122746
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या/ Second Appeal No. CIC/AIRIN/A/2021/122746
In the matter of:
Himanshu Mitra ... अपीलकता/Appellant
VERSUS
बनाम
CPIO, ... ितवादीगण /Respondent
Air India Ltd., Airlines House,
113 Gurudwara, Rakabganj Road,
New Delhi -110001
Relevant dates emerging from the appeal:
RTI Application filed on : 27.10.2020
CPIO replied on : 29.12.2020
First Appeal filed on : 01.02.2021
First Appellate Authority order : 23.02.2021
Second Appeal received on : 16.06.2021
Date of Hearing : 13.06.2022
The following were present:
Appellant: Shri Himanshu Mitra, participated in the hearing in person.
Respondent: Shri Arun Jain, Assistant Manager, participated in the hearing
in person.
Page 1 of 6
CIC/AIRIN/A/2021/122746
ORDER
Information sought:
The Appellant filed an online RTI Application dated 27.10.2020 seeking information on the following seven points:
1) "What were the performance linked incentives and the targets laid down for its agents including online travel agents (OTAs) by Air India for the financial year 2019-20? Please advise agency/contract wise details.
2) If any commission or performance linked incentive has been paid by Air India to Riya Travel and Tours (India) Private Limited (or any of its affiliates) for 2019-20, what is amount of such commission or incentives paid?
3) Did Air India revise incentives or targets as mentioned at point no.
1 above or was any additional performance linked target given to some travel agents in December 2019 or later?
4) If the answer to the question at point no. 2 is yes, has the additional performance linked incentives or target been offered by Air India to Riya Travel and Tours (India) Private Limited (or to any of its affiliates)?
5) If the answer to the question at serial no. 2 is yes, what was the additional commission/performance linked incentives offered by Air India against this additional target?
6) Did Riya Travel and Tours (India) Private Limited (or any of its affiliates) miss the new target? If yes, what was the quantum (in Indian Rupees) by which the target was missed?
7) Has Air India penalized Riya Travel and Tours (India) Private Limited (or any of its affiliates) for missing the turnover target or agreed to pay full rate of commission/performance linked incentive on the achieved turnover number considering the loss of sale due to Covid -19?"
Page 2 of 6CIC/AIRIN/A/2021/122746 Shri Rambabu Ch., GM Market Planning & CPIO, Air India, New Delhi vide letter dated 29.12.2020, denied information to the Appellant as under:
Being dissatisfied, the Appellant filed a First Appeal dated 01.02.2021. The First Appellate Authority vide order dated 23.02.2021, informed as under:Page 3 of 6
CIC/AIRIN/A/2021/122746 Grounds for Second Appeal:
The Appellant filed a Second Appeal u/s 19 of the Act on the ground of unsatisfactory reply furnished by the Respondent. Appellant requested the Commission to direct the CPIO to provide complete information sought for.
Submissions made by Appellant and Respondent during Hearing:
The Appellant stated that he has not received the requisite information as sought in the instant RTI Application from the Respondent.
At the instance of the Commission that what is the reason for delay in filing the instant Second Appeal, the Appellant clarified the bench that earlier he has filed the instant Appeal on 09.03.2021 in the registry of the Hon'ble Commission and due to some defect in the Appeal, he has refiled the Appeal before the registry on 12.04.2021 and thereafter on 10.06.2021 after clearing all the objections/defects.
The Respondent submitted that the Appellant is seeking information about Riya Travel and Tours (India) Private Limited in the instant RTI Application who is a third party and dissemination of such information would affect the competitive position of the third party. He further added that Riya Travel and Tours (India) Private Limited was a service provider and they hold the averred information in a fiduciary capacity and accordingly they have appropriately denied the information under Section 8 (1) (d) & (e) of the RTI Act.
The Commission interjected and quizzed the Appellant to establish the larger public interest in seeking such sort of information, he could not provide a cogent reply.Page 4 of 6
CIC/AIRIN/A/2021/122746 Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that adequate reply has been given by the Respondent vide letter dated 29.12.2020 and 23.02.2021 qua the instant RTI Application and the Commission upholds the same. Hence, the Commission finds no further scope of intervention in the instant matter. With the above observations, the instant Second Appeal is disposed of. Copy of the decision be provided free of cost to the parties.
The Appeal, hereby, stands disposed of.
Amita Pandove (अिमता पांडव) Information Commissioner (सूचना आयु ) दनांक / Date: 20.06.2022 Authenticated true copy (अिभ मािणत स यािपत ित) R.P. Grover (आर.पी. ोवर) Dy. Registrar (उप-पंजीयक) 011-26105027 Page 5 of 6 CIC/AIRIN/A/2021/122746 Addresses of the parties:
1. The First Appellate Authority (FAA) Air India Ltd., Airlines House, 113 Gurudwara, Rakabganj Road, New Delhi -110001
2. The Central Public Information Officer Air India Ltd., Airlines House, 113 Gurudwara, Rakabganj Road, New Delhi -110001
3. Mr. Himanshu Mitra Page 6 of 6