Friday, January 20, 2012

AIR INDIA DEFYING CIC VERDICT TO HIDE MISUSE BY UNION MINISTER?

AIR INDIA DEFYING CIC VERDICT TO HIDE MISUSE BY UNION MINISTER? 

Central Information Commissioner Ms Sushma Singh vide order dated 12.12.2011 in petition-number CIC/SS/A/2011/001247 had directed Air India to reveal list of Business-class passengers in its flight-numbers IC-965 and 966 respectively on 25th April 2010 and 28th April 2010 on Bangalore-Male-Bangalore sector. Queries of RTI petition were in response to media-reports about Air India deploying bigger aircrafts on these two flights reportedly to accommodate family-members and close relations of the then Union Minister of Civil Aviation. Air India instead of complying with the CIC-verdict, has asked for a review by Central Information Commission which is not permissible under RTI Act.

Air India avoided mention of important CIC-direction to reveal name/s of persons having made telephone-calls for such change of aircrafts. Interestingly Air India at time of hearing surprised even Central Information Commissioner that there were no file-notings or correspondence on such change of aircrafts. It is unfair that Air India may hide serious irregularities of its Union Minister by openly defying CIC-verdict. Strict-most action should be taken against concerned ones at Air India especially at a time when the national carrier has been made a loss-creating ’±white elephant ’² by political rulers and officers dancing to their tune even after orders of the transparency watchdog.

SUBHASH CHANDRA AGRAWAL

(Guinness Record Holder & RTI Activist) 

1775 Kucha Lattushah

Dariba, Chandni Chowk

DELHI 110006 (India)

Mobile 9810033711 Fax 23254036

E-mail subhashmadhu@sify.com

Web www.subhashmadhu.com

19.01.2012

ADMITTED NON COMPLIANCE BY AIR INDIA IN PETITION CIC/SS/A/2011/001247

REQUEST FOR STRICT ACTION AND TO ENSURE IMMEDIATE COMPLIANCE

Ms Sushma Singh ji

Honourable Central Information Commissioner

Central Information Commission

Room 305, ’³B ’´ Wing

August Kranti Bhawan, Bhikaji Cama Place

New Delhi-110066

Re Letter No. CA/RTI/2011/ dated 13.01.2012 by Air India 

Respected Madam

I am in receipt of copy of letter No. CA/RTI/2011 dated 13.01.2012 by CPIO at Air India addressed to your honour (copy also received by me on 19.01.2012) wherein Air India has intended not to comply with esteemed verdict dated 12.12.2011 by your honour in petition CIC/SS/A/2011/001247 on query-number (7) of my RTI petition i.e. ’³List of passengers in Business Class on flights IC-965 and 966 respectively on 25th April 2010 and 28th April 2010 on Bangalore-Male-Bangalore sector ’´.

Air India has now sought review of your verdict on this point. But firstly RTI Act does not have any provision of review of verdicts by Honourable Central Information Commission itself. Secondly exemptions under section 8(1)(d) and (j) of RTI Act tried to be again claimed in review, were discussed in length at time of hearing of the petition, and your honour after long deliberations had allowed providing of information in my favour. 

Only remedy available with Air India was to challenge the CIC-verdict before an appropriate court to get a court-stay, which they have not done in the stipulated time-period.

It is a matter of utmost public interest where media-reports mention that the bigger aircraft was deployed to accommodate family-members and close relations of the then Union Civil Aviation Minister Prafull Patel, whose names are being tried to be hided under exemption-cover by Air India, a public-sector company working under Union Ministry for Civil Aviation. It is definitely a matter of impropriety rather of commercial confidence and/or personal information as is claimed by CPIO, if the enclosed news-report is correct. A Union Minister has no right to run a public-sector undertaking like his private business-firm by making it dance to requirements of his family-members and close relations. However if the news-report is wrong, providing information will rather clear position of all concerned including Air India and the concerned Union Minister. It is in interest of all including public-interest to reveal the sought information. 

CPIO at Air India has deliberately avoided mention of directions given on query-number (2) of my RTI petition wherein Honourable Central Information Commission was kind enough to direct Air India name of the person/s responsible for the decision the name/designation of the official to whom the decision was communicated telephonically for compliance.

Review-petition of Air India may kindly be rejected to ensure providing information sought under query-numbers (2) and (7) of my RTI petition immediately as per esteemed directions of Honourable Central Information Commission. I also appeal for strict-most action against Air India for non-compliance on your esteemed verdict by imposing maximum penalty under section 20 of RTI Act, and by allowing exemplary compensation in my favour under section 19(8)(b) of RTI Act apart from recommending disciplinary action against the concerned once for deliberate non-compliance of CIC-verdict. It is prayed accordingly.

Humbly submitted

SUBHASH CHANDRA AGRAWAL

(Guinness Record Holder & RTI Activist) 

1775 Kucha Lattushah

Dariba, Chandni Chowk

DELHI 110006 (India)

Mobile 9810033711 Fax 23254036

E-mail subhashmadhu@sify.com

Web www.subhashmadhu.com

19.01.2012

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