Note sheet relating to allocation of traffic rights to the eligible Airlines of India for operating on International routes was denied u/s 8(1)(d) - Appellant: the decision making process should be made public - CIC: apply severability u/s 10(1)
23 Oct, 2013Note sheet relating to allocation of traffic rights to the eligible Airlines of India for operating on International routes - initially fee demanded but later informed that copies of note sheets sought cannot be provided as information contained business plans of the carriers and includes commercial confidence, trade secrets or intellectual property which is exempt 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; 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; 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; - Appellant: the decision making process and reasoning behind the decision on which the public authority has chosen to allocate such traffic rights to certain airlines should be made public - CIC: provide notesheet after applying severability u/s 10(1) Where a request for access to information is rejected on the ground that it is in relation to information which is exempt from disclosure, then, notwithstanding anything contained in this Act, access may be provided to that part of the record which does not contain any information which is exempt from disclosure under this Act and which can reasonably be severed from any part that contains exempt information.
ORDER
Shri Mukesh Yadav, hereinafter called the appellant, has filed the present appeal dated 8.11.2012 before the Commission against the respondent Ministry of Civil Aviation, New Delhi for not providing satisfactory information in response to his RTI-application dated 11.4.2012. The appellant was represented by Shri Pradeep Chandel whereas the respondent were represented by Shri Sanjay Singh, Under Secretary.
2. The appellant through his RTI application dated 11.4.2012 sought information on the following two queries:
“(1) Please provide the details of airline and route-wise international traffic allocated to the eligible Airlines of India for operating on International routes to/from India during summer 2012 and winter 2012-13 schedule; and
(2) Copy of the complete note sheet relating to allocation of traffic rights as mentioned at (1) above on which approval of Hon’ble Minister for Civil Aviation has been obtained”.
The CPIO vide letter No. AV.29013/1/2011- A dated 9.5.2012 on Point No. 1 provided the details of requests for Summer 2012 and Winter 2012-13 from Indian carriers for grant of traffic rights to operate on international routes approved by the Ministry of Civil Aviation. On 2 the appellant was requested to deposit Rs. 24/- for providing copies of the note sheets regarding the decision making process. However, the CPIO informed the appellant vide letter dated 2.7.2012 that copies of note sheets sought cannot be provided as it contains information of Spice Jet also who have expressed their inability to divulge their information as it is a part of their strategic planning with commercial considerations and is price sensitive in nature.
3. However, not satisfied with the reply of the CPIO, the appellant filed an appeal before the FAA. The FAA vide his order No. AV.29013/1/2011-A dated 17.8.2012 recorded that on receipt of application dated 11.4.2012 under the RTI Act, as is the standard practice, the number of copies to be given to him was ascertained and he was requested to submit Rs. 24/- for obtaining the copies. Subsequently, on examining the matter, it was realized that the information contained in the note-sheets contains information supplied by Indian Carriers with reference to their business plans and includes commercial confidence, trade secrets or intellectual property. This information is third party information under Section 2(n) “third party” means a person other than the citizen making a request for information and includes a public authority. of the RTI Act and its disclosure would harm their competitive position. In view of this it is not possible to provide copies of the note sheets, which is exempted 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; 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; 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.
4. It is submitted by the respondent during the hearing that the copies of note sheets as sought for by the appellant relating to allocation of traffic rights on international routes during Summer 2012 and Winter 2013 contains information pertaining to network plan of the airlines which constitutes third party commercial information covered 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; 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; 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 and if divulged would affect the competitive position of the airlines and also as the airlines have not agreed to divulge the information. Therefore the information sought for by the appellant is exempted 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; 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; 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.
5. The appellant submits on the other hand that copies of file notings are being sought only to be informed of the decision making process and reasoning behind the decision on which the public authority has chosen to allocate such traffic rights to certain airlines. He submits that a citizen has a right to seek information contained in ‘file notings’. The FAA has in his order allowed disclosure of information pertaining to the public authority’s decision to grant traffic rights to certain airlines but refused to disclose the basis of arriving at such a decision citing exemption 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; 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; 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. He submits that such notings reflect the decision making process/ the basis/reasoning cannot contain any information pertaining to commercial confidence/ trade secrets or intellectual property. It is the decision making process and basis of granting traffic rights to certain airlines and not to others that is being requested.
6. Having considered the submissions of the parties, the Commission is of the view that the requirements of need of maintaining commercial confidence of the airlines on the one hand and the need for providing information to the appellant on the other would be met by providing copies of the note sheet, which gives reasons and basis for allocation of traffic rights to operate international routes to Indian carriers for Summer 2012 and Winter 2012-13, including approval by the competent authority. The CPIO is therefore hereby directed to provide a copy of the file notings. However, he may, by applying the severability provisions of Section 10(1) Where a request for access to information is rejected on the ground that it is in relation to information which is exempt from disclosure, then, notwithstanding anything contained in this Act, access may be provided to that part of the record which does not contain any information which is exempt from disclosure under this Act and which can reasonably be severed from any part that contains exempt information. of the RTI Act and severe only those portions of the note sheet that contain information, the disclosure of which may harm the commercial confidence and trade secrets of the third party. But the CPIO will disclose those portions of the note sheet that contain the basis for allocation of traffic rights to operate international routes to certain Indian Carriers for Summer 2012 and Winter 2012-13 and not to others. The information is to be provided to the appellant free of cost within two weeks of receipt of this order. The matter is disposed of on the part of the Commission with above directions/observations.
(Sushma Singh)
Information Commissioner
Citation: Shri Mukesh Yadav v. Ministry of Civil Aviation in Case No. CIC/SS/A/2012/003755