Information regarding steps taken by DGCA to verify the HSC certificate of Capt Ajay Khadtale, status of investigation to confirm its validity along with photocopies of relevant record were sought - CIC: Provide a detailed reply to the appellant
3 Apr, 2015Information sought:
Appellant sought information regarding steps taken by DGCA to verify the HSC certificate of Capt Ajay Khadtale, status of investigation to confirm its validity along with photocopies of relevant record.
Relevant facts emerging during hearing:
Both the parties are present. Appellant sought the above information by filing an RTI application dated 04.09.2012. CPIO/Dy Director (Ops) vide letter dated 05.10.2012, provided a response stating that the information cannot be provided u/s 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. FAA vide order dated 08.01.2013, affirmed the stand taken by the CPIO. The appellant approached the Commission in the present second appeal, after a delay of 82 days and has requested that the same may be condoned. The delay caused in filing the second appeal is condoned as the appellant could not find a counsel to represent her, as she is a resident of Mumbai. It was submitted on behalf of the appellant that the onus of denying the information u/s 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; was on the PIO, which he did not discharge. The respondent stated that the department was in constant touch with Secretary, Bihar School Education Board on this matter, however, the Board on more than one occasion have submitted contradictory replies due to which they could not take any action against Capt Khadtale. A show cause notice has now been issued to Capt Khadtale and the investigation is going on, only on completion of the same, the information can be provided to the appellant. The respondent further stated that Capt Khadtale has been flying for the past 15 years and that his performance is doubt.
Decision:
After hearing both the parties and on perusal of record, the Commission directs the CPIO to provide a detailed reply to the appellant as to at what stage is the investigation pending, along with the communication with the Secretary, Bihar School Education Board, within two weeks from date of receipt of this order, under intimation to the Commission. The Commission further directs the CPIO to provide complete information, as sought in the RTI application dated 04.09.2012, to the appellant, as and when the investigation is over. The appeal is disposed of accordingly.
(Yashovardhan Azad)
Information Commissioner
Citation: Dr Manisha Kanagili v. Deptt of Civil Aviation in F.No.CIC/SS/A/2013/002102-YA