Can CIC deny the information on different grounds than those raised by the FAA?
1 Feb, 2013Background
The appellant filed an application under the Right to Information (RTI) Act with the Directorate General of Civil Aviation (DGCA) seeking to know how many oral exams have been conducted by Director of Flying Training in the year 2010, how many skill tests have been conducted, names and details of the licence/ ratings/ approvals of the flying instructor whose checks were taken by Director of Flying training in 2010, reasons for conducting the oral examination, how many CIFs have been demoted and how many of them were issued show cause notice for the same. He also wanted copies of test reports of each oral and flying test done conducted by Director of Flying Training in 2010. The Public Information Officer (PIO) provided part information and requested the appellant to deposit a sum of Rs. 500/- for names and details of the licence/ ratings/ approvals of the flying instructor and copies of three test reports. The appellant filed appeal before the First Appellate Authority (FAA) stating that she has deposited a sum of Rs. 500/- but inspite of reminders, she had not received copies of the requested documents. The FAA denied the copies of the test report stating that it pertains to third party and is exempt under the provisions of section 8(1)(d) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; of the RTI Act. However, the appellant was advised to withdraw Rs. 500/- after submitting an application for refund.
View of CIC
The Commission agreed that the information sought by the appellant relates to third party and held that that the information is exempt under the provisions of section 8(1)(j) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. and not under section 8(1)(d) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; of the RTI Act. The CIC rejected the appeal stating that respondent has no disclosure obligation under the provisions of section 8(1)(j) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. of the RTI Act. The CIC also directed the PIO to refund the excess amount to the appellant.
Citation: Ms. Manju Vayalar v. Directorate General of Civil Aviation in Case No. CIC/SS/A/2012/001789
RTI Citation : RTIFI/2013/CIC/1009
Click here to view original RTI order of Court / Information Commission